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NSW IRC full bench rules on remuneration cap

In a decision that will lead the exclusion of more high-earners from the NSW unfair dismissal jurisdiction, a full bench has ruled that the unfair dismissal remuneration cap is based on earnings at the time of dismissal, rather than during the previous 12 months.

NSW IRC rewrites contract to protect entitlements

The NSW IRC has ordered an insolvent enterprise that employed its workers through a shelf company that had no assets to give priority to paying their entitlements when it winds up, in a case that illustrates a new way of using the s106 unfair contract provisions.

News in brief, September 19, 2003

High Court remits bid for review of nurses' arbitrated award; Curb bullying by allowing dismissal for inappropriate conduct, says senior lawyer; and Pilkington worker convicted for porn offences resigns despite company saying he can keep job.

NSW IRC injuncts mine from offering AWAs

In another important development in the AWU's battle with the new owners of the Elura mine, the NSW IRC has ordered that that no more AWAs be offered and no steps be taken to register those already signed until a new award is arbitrated for the site.

CFMEU off to Canberra to argue for super parity

The general president of the CFMEU (mining & energy division), Tony Maher, is taking to Canberra his union's campaign to win coal miners the same level of superannuation contributions that other workers receive.

Law in a tangle over undertakings on agreements

A presidential member of the AIRC has refused to follow a ruling made by a Commission Vice President, Michael Lawler, about whether to accept undertakings in order to make an agreement certifiable.

AIRC HQ on the move

The AIRC and the Australian Industrial Registry are set to move their national HQ, currently in Melbourne's Nauru House, to a new building two blocks away.

Govt adopts 120 Cole recommendations, reforms could spread to other industries

The Federal Government's draft building industry legislation contains no surprises, with Workplace Relations Minister Tony Abbott adopting 120 of the Cole Royal Commission's recommendations covering compulsory secret ballots, cooling-off periods, injunctions against pattern bargaining, tough new right of entry provisions and the establishment of a new industry watchdog.

Newsflash: Abbott releases Cole exposure draft

Workplace Relations Minister Tony Abbott has today released the exposure draft of his Building and Construction Industry Improvement Bill, which sets up the building industry watchdog recommended by the Cole Royal Commission and clamps down on unions.

Bench says 14-day gap requires 15 days

An AIRC full bench has clarified the requirement that there must be a 14-day period between employers giving employees written notice of their intention to make a s170LK agreement and then making the agreement.