A court has declined to make a declaration agreed to by an employer for admitted breaches of the Fair Work Act, ruling that its repetition of adverse findings would not "have any educative or deterrent effect. . . at all".
In another blow to stevedore DP World as it weathers a campaign of rolling strikes, an FWC full bench majority has upheld a ruling that it was not entitled to unilaterally end an income protection scheme for its container terminal employees.
A landmark contempt finding and accompanying jail sentence hailed as proof of the FWO's commitment to justice has been overturned by a full Federal Court that found the ruling judge's "open" hostility to the underpaying employer compromised his ability to consider the evidence.
In a decision vindicating the FWO's resistance to the grouping of multiple contraventions for the purpose of setting penalties, the workplace watchdog has won a fivefold increase in fines imposed on an underpaying company director.
A senior FWC member in upholding a Virgin Australia ground crew worker's dismissal over pilfered cigarettes has noted that "one's fate" is often sealed by attempted cover-ups rather than the actual misconduct, further observing that the former employee did himself no favours when posting on social media that the airline's HR partner was a "despicable human being".
A multinational company has won a rare stay on orders that it pay 173 former detention centre workers more than $130,000 in unpaid allowances, after the Federal Court found the union pushing their case had no record of their whereabouts.
A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.