Enterprise agreements: No genuine agreement where employees not adequately informed
The full Federal Court unanimously dismissed an appeal from a decision which held that the Fair Work Commission had committed jurisdictional error in approving an enterprise agreement that was approved by only three employees.
Penalties: $210K in penalties for racial discrimination and underpayment
The Federal Circuit Court imposed pecuniary penalties in excess of $210,000 on an employer and its director for failure to comply with its award obligations in relation to 17 casual employees and discriminating against two of them on the basis of race and national origin.
Right of entry: No escape from liability for union officials
A full court of the Federal Court unanimously upheld an appeal against a decision which had held that two union officials who had not complied with the procedural requirements for rights of entry could not be held liable for acting in an improper manner or engaging in adverse action.
General protections: No reverse onus where pleadings inadequate
A full court of the Federal Court dismissed an appeal from a decision which held that the Australian Building and Construction Commissioner failed to establish allegations of coercion against a union and that the union had discharged the onus of disproving other allegations of adverse action.
Enterprise agreements: Loaded rates did not leave casual employees better off
A full bench of the Fair Work Commission held that three enterprise agreements should not be approved because they did not pass the BOOT while the decision on another was deferred pending further submissions.
Employment restraints: Production head restrained from working for competitor
The Supreme Court of Western Australia granted an interlocutory injunction to an employer restraining one of its former employees from taking up employment with one of its competitors because of a “real risk” that he could reveal confidential information.