In a significant decision as to what constitutes industrial action, a full Federal Court has found that the legislative framework does not capture instances where a subcontractor's workers down tools with the support of their direct employer.
A judge accused of banging the bench and unreasonably dragging out a case involving a dismissed teacher has refused to recuse himself on the basis of apprehended bias, finding that the transcript and an "alarmingly small" range of available hearing dates pointed to a vastly different interpretation of events.
The Australian Industry Group is warning employers not to rush in to making agreement undertakings incorporating a recent key decision on casual leave until the Federal Court determines a challenge to the ruling's ambit.
Class action law firm Adero is lining up with the CFMMEU and the worker at the centre of a key casual leave ruling to intervene in Workpac's bid to block another casual from winning entitlements, arguing it is an abuse of process and that the issue could be better dealt with via a class action.
The CFMMEU is taking a building company to court for allegedly requiring 24 hours' written notice for permit holders wanting to investigate suspected safety breaches at a WA construction site unless the union sent someone qualified to carry out testing.
A judge in declining to recuse himself from hearing a dismissal case has taken a young self-represented lawyer to task for his "selective" transcription of a court hearing to argue bias.
A full Federal Court majority has confirmed that employers are not automatically entitled to reduce roster allowances when working hours fall below an agreement's "indicative" threshold.
Three unions have won court approval to argue that the IR manager of a major service provider should be held accessorially liable for alleged underpayment of workers at Esso's onshore and offshore Bass Strait sites.
Unions NSW will in December argue before the High Court that that the "desired goal" of State restrictions on spending by third party campaigners is to deliberately create an uneven playing field by ensuring parties and candidates enjoy a "privileged position" in elections.
