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Full court carpets Ross over "no decision at all"

A full Federal Court has delivered a pointed rebuke to FWC President Iain Ross, finding it could not consider a challenge to the decision of a Commission full bench he led because it was not, "with respect, any decision. . . at all".

"Sloppy" wording helps sink scope order application

The FWC has refused the RTBU's bid for a scope order so that it can negotiate separate agreements for Australian Rail Track Corporation's operational employees and their office-based colleagues, finding that even if it could ignore "sloppy" position descriptions in the application, a carve-out would not improve bargaining.

Employer's blood-alcohol limit change "impermissible"

A tribunal has upended a large transport company's "unilateral" decision to change to zero its blood alcohol policy limit for contracted owner-drivers, finding a toolbox meeting and noticeboard postings did not meet the governing agreement's consultation requirements.

Private sector pay rises ease again

Bargained wage rises in the private sector dropped to 2.7% a year in the September quarter, according to newly-released Attorney-General's Department data that also shows some large retail employers are starting to tie increases to the FWC's annual review.

Virgin Australia pilots sue for millions

A group of Virgin Australia pilots suing the airline for about $2 million claim a commitment to provide command positions or equivalent pay by mid-2016 entitles them to captains' future salary increases under a new deal, regardless of whether they perform the role.

WHS Act no shield from cruel conditions, says employer

A McDonald's franchise that says it can otherwise stop workers from going to the toilet if it provides a 10-minute paid break contained in their agreement has told a court that Queensland's WHS Act does not entitle employees "to be protected from cruel and inhumane working conditions".

Company fails to block FWC intervention on pay downgrade

An employer that unilaterally reduced the classification levels of two workers previously handed a pay upgrade has failed to convince the FWC it had no power to intervene in a contractual issue "masquerading" as an enterprise agreement dispute.

No 'go slow' on agreement approvals: FWC member

The FWC in endorsing a deal for the Super Retail Group and its 10,000 employees has published a detailed chronology to demonstrate that "there is no 'go slow' on agreement approvals".

Court fines AWU for adverse action against members

The Federal Court has today ordered the AWU to pay an $18,000 penalty for pressing charges under its rules against two members who refused to support industrial action against Orica.

FWC deep-dives on nature of work

The importance of 'choice versus direction' in determining whether employees are working or not has been highlighted in an FWC decision considering the case of boat masters and crew having their unpaid meal breaks interrupted to assist passengers on multi-day dive trips.