The Editor has selected the following cases to be published in upcoming parts. Each reported case will include a detailed headnote highlighting the key issues and decision in the case. The catchwords below are those supplied in the original judgment.

Re Australian Hotels Association [2021] FWCFB 5371

Application to vary modern award — insertion of loaded rates schedule — provisional view confirmed — award varied

Re Kelly [2021] FWCFB 6002

Application for withdrawal from amalgamated organisation — Mining and Energy Division — Construction, Forestry, Maritime, Mining and Energy Union

Re Casual Terms Award Review 2021 [2021] FWCFB 6008

Fair Work Amendment (Supporting Australia's Jobs and Economic Recovery) Act 2021 — casual amendments — review of modern awards — final determinations issued

Local Government Engineers Association (NSW) v MidCoast Council [2021] NSWIRComm 1081

Employment and Industrial Law — Industrial Relations Commission — Procedure and powers — Conciliation

Lyndon v Commissioner of Police [2021] NSWIRComm 1086

Public sector disciplinary appeal — decision to defer an incremental increase — whether an appealable decision — proper characterisation of deferment — whether such a decision is a disciplinary decision — out of time — no discretion to extend time — whether notice is required to be in writing — whether an email is notification in writing — whether consent to receive an email as written notification can be implied by conduct

X v Secretary, Department of Education [2021] NSWIRComm 1089

Employment and industrial law — public sector employee dismissed as a result of disciplinary action — employee appealed to Industrial Relations Commission — whether employer is able to lay a new charge — no new charge laid — whether fresh evidence or material is able to be relied upon — whether the evidence should be excluded due to potential prejudicial effect — whether evidence is probative — whether evidence should be excluded due to the credibility and or reliability of the evidence

Together Queensland Industrial Union of Employees v Scales [2021] QIRC 364

Industrial Law — Queensland — industrial tribunals — industrial relations commission — jurisdiction — where seven applications were filed by Together Queensland, Industrial Union of Employees (the Union) alleging contravention of the Queensland Public Service Officers and Other Employees Award - State 2015 (principal applications) — where the principal applications seek pecuniary penalties — where the second respondent filed a further application seeking referral (referral application) of the principal applications to the Full Bench of the Queensland Industrial Relations Commission (the Commission) — where the Union filed an application for dismissal of the referral application (dismissal application) — where the first respondent supports the referral application and opposes the dismissal application — where the Union alleges that there is no jurisdiction vested in the President of the Commission to refer the principal applications to the Full Bench of the Commission in the circumstances of this matter — where, alternatively, the Union submits that, if the President is vested with the relevant jurisdiction, then the discretion ought not be exercised in favour of granting the application for referral — whether the President is vested with the relevant jurisdiction to refer the matter to the Full Bench of the Commission — if the jurisdiction exists, whether the discretion to grant the referral application ought to be exercised

Farac v Pendal Group Ltd [2021] FedCFamC2G 25

Industrial Law — Inaction causing adverse action

Industrial Law — Settlement negotiation privilege attaching to Fair Work Commission mediation or conciliation conference

Practice & Procedure — Pleadings — application to strike out — application for leave to amend