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Bench divides on exceptional circumstances test

The question of what constitutes exceptional circumstances to warrant accepting a late unfair dismissal or general protections claim remains unsettled, with the issue yesterday dividing a full bench.

Agreements up, awards and individual deals down: ABS

Collective agreement coverage increased significantly while the proportion of workers under awards and individual agreements declined in the two years to mid-2010, according to new ABS data, while IR academic David Peetz has renewed his call for the Bureau to start collecting separate information on non-union agreements, due to their rising importance after the demise of AWAs.

Court rules against union bid for additional public holiday

In the wake of the debate over Christmas/New Year public holidays, the Federal Court has this week rejected an SDA bid to establish that when ANZAC Day falls on a Sunday, an additional public holiday is created on the following day for Woolworths employees in South Australia.





Bench upholds QR consultation breach ruling, but cuts penalties

In an important ruling, a Federal Court full bench has upheld a finding that Queensland Rail entities were obliged under their enterprise agreements to consult their employees about changes to employment arrangements that would flow from privatisation, but has substantially reduced the penalties they must pay.

Sacking of former Eels CFO not unfair: FWA

Parramatta Leagues Club's sacking of its former chief financial officer for issuing an unauthorised $39,000 cheque just after a board change that resulted in the mid-season dumping of long-serving CEO Denis Fitzgerald was not unfair, Fair Work Australia has ruled.