The Federal Court has found it strongly arguable that the CFMMEU's national executive would have contravened the union's rules if it determined a coverage dispute between the construction and mining divisions at a national executive meeting that was to be held today, while construction division leader Dave Noonan probably has not been validly elected as national secretary of the broader union.
The Federal Court has this morning issued an injunction to stymie the agenda for a CFMMEU national executive meeting that was to begin this afternoon, after the union's mining and energy division claimed that if it proceeded the construction and general division would start poaching its members.
IR Minister Christian Porter has told the High Court that a Federal Court bench "erred" when it concluded that labour hire company Workpac could not rely on a legislative provision to offset loadings paid to the worker at the centre of a landmark case on casual leave entitlements.
The AFAP has regained the right to represent all mainline Qantas pilots after the FWC dismissed objections from the Flying Kangaroo and AIPA that it will create disharmony, inefficiency and a two-tiered system at an already challenging time.
In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.
The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.
In a decision meticulously examining notions of bias, a FWC presidential member has declined to recuse himself at the same time as taking a swing at a lawyer arguing he breached a "golden rule" by privately communicating with a party seeking anti-bullying orders.
The FWC has made a rare costs order against an unfair dismissal applicant who filed her case while unsure if she had in fact quit in the heat of the moment, before discontinuing it less than 24 hours before the hearing.
Unions say Uber's failure to convince the UK's Supreme Court that its drivers are independent contractors or that their working time only includes periods carrying passengers is set to be "very persuasive" in the Australian context.
A retiring presidential FWC member has used his final ruling to deliver a withering character assessment of a law graduate and question the benefit of GPs providing mental health appraisals in cases alleging bullying.
