The Federal Court has ordered a continued injunction against a misconduct investigation, finding it possible that the employer's process breached its enterprise agreement.
Nearly two-thirds of Australian business leaders are expecting a rise in employee activism, with pay inequalities and the cost of living predicted as the main drivers for negotiations, according to new research.
In light of the Fair Work Commission's first multi-employer bargaining decisions, many organisations will now want to think more seriously about how they can shore up control of their employment relationships, a workplace lawyer says.
The FWC's first multi-employer bargaining decision reinforces that the new framework will be relevant to "pretty much every employer in the country", according to a workplace lawyer.
Three unions and 64 childcare employers have been cleared to make a multi-enterprise agreement, after a Fair Work Commission full bench found numerous factors "overwhelmingly" favoured authorising their application.
A Fair Work Commission full bench has accused six employees of engaging in a "sham exercise" when they voted up an enterprise agreement, finding their approval was "entirely lacking in authenticity and moral authority".
An employer could have prevented a long-serving employee's suicide if it followed its own disciplinary procedure and considered alternatives to dismissal, a coroner's court has found.
A group of employees who worked overtime "regularly and extensively" without obtaining formal permission did so with "implied" authorisation, a court has found.
The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement.
More than a dozen enterprise agreements approved in the past few months contain an "ingenious" clause designed to increase union membership, but workplace lawyers question whether it will "stand the test of time".
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
