Appeals page 70 of 79

786 articles are classified in All Articles > Legal > Appeals


High Court rejects CFMEU's bid to oust tort of intimidation

The High Court has refused the CFMEU special leave to challenge last year's Victorian Court of Appeal finding that the Boral group could rely on the tort of intimidation to recover millions in damages for concrete supply bans.

FWC defers ruling on ResMed's apprehended bias claim

ResMed's request for a member of a Fair Work Commission full bench to stand aside from hearing its challenge to a majority support determination has been deferred pending the result of a Federal Court appeal.

Deviation from prescribed wording invalidates notice: Bench

A FWC full bench has ruled invalid a major company's representational rights notice for departing from strict wording and content requirements, after giving the employer and unions the opportunity to respond to newly-published guidelines on the issue.

Petition not enough to win majority support determination

The Fair Work Commission has rejected the AMWU's reliance on a petition to argue for a majority support determination for water treatment employees after the union failed prove the documents were at all times under control of its organisers or delegates.


Bench reconsiders whether managers excluded by agreement

Uncertainty remains as to whether electricity distributor Essential Energy can shift some managers and senior technical employees onto individual contracts, despite a FWC full bench overruling an earlier "scope" decision.


Union denied procedural fairness: Full bench

Determining a matter "on the papers" when a union had asked for a hearing denied it procedural fairness, a Fair Work Commission full bench has ruled.

Bench spikes challenge from sacked Qantas pilot

A FWC full bench has rejected a sacked Qantas pilot's argument that spiking of his drink meant he couldn't be held responsible for s-xually assaulting a female flight crew member during a stopover in Chile.

Bench upholds majority support order for senior employees

A Fair Work Commission full bench has rejected Alcoa Australia's appeal against a majority support determination the CFMEU secured last year for high level operators who had traditionally been on common law contracts.