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Bench throws out "ersatz" bid to quash Woolies deal

RAFFWU is yet to concede defeat on a bid to quash Woolworths' 2012 agreement, after an FWC full bench threw out its challenge to the approval of the retailer's replacement deal and accused it of trying to deprive some team members of an allowance "merely to aid" its termination application.

Fine calculations put dismissed manager $315 over income threshold

The FWC has thwarted a manager's unfair dismissal claim by assessing his earnings as $315.02 above the high income threshold, rejecting his arguments that his car allowance, annual leave loading and mobile phone should be excluded from the total.


Unintentional, but irregular worker was an employee: FWC

In the latest ruling on the distinction between independent contractors and employees, the FWC has found that a graphic designer whose hours for related small employers were "negotiated" on a weekly or fortnightly basis over almost three years was capable of being dismissed.

FWO hit with costs order after shipping case runs aground

The FWO must pay half the legal costs of a Norwegian shipping company accused of short-changing 60 crew, the Federal Court chastising the watchdog for "doggedly" pushing to hold it liable even though it already repaid them, fully cooperated and could not have known of the contraventions.


Elder's ties to land favour reinstatement: FWC

An Aboriginal night patrol officer sacked for timesheet discrepancies has won back his council role after an FWC member took into account "very strong" ties to his remote community and the dearth of alternative employment opportunities.

Can Gina's train deal glitch constitute a minor error?

The FWC has held that an agreement negotiated with two train drivers but set to cover an entire transferred workforce on the Roy Hill Pilbara mine network was not genuinely agreed, but it is asking whether this is a minor error that can be dealt with via an undertaking, "odd as that may be".

Court temporarily puts sacked OHS rep back in job

The Federal Court has ordered a construction company to reinstate an electrician until it decides whether it took adverse action by sacking him within 10 days of his becoming a health and safety representative and reporting suspected asbestos in a water tunnel.

Indemnity costs after teachers' refusal to settle

The Federal Circuit Court has ordered indemnity costs against two casual employees who refused offers to settle their adverse action and award breach cases for $10,000 and maintained their demands for $95,000 payouts.