Court and tribunal decisions page 346 of 374

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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.

CFMEU's record a factor in $100,000-plus fines

The Federal Court has criticised the CFMEU for its "deplorable" approach to complying with the law, ordering it to pay a penalty of more than $100,000 for a series of breaches on a wind farm construction site and to stop interfering in the project.

Employer fails to prove "frustration" of employment contract

The Fair Work Commission has given a school religious education coordinator the green light to proceed with his unfair dismissal claim after his employer failed to establish that his employment ceased via the doctrine of frustration.


Mother resuming work to get full pay, after FWC ruling

Australia's largest rail freight operator, Aurizon, has been ordered to provide the full pro-rata rate of pay to a train driver who was to receive a reduced amount under a compassionate grounds/short-term medical disability clause when she returned part-time from maternity leave.


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.

LinkedOff: OHS manager sacked over abusive emails

The Fair Work Commission has refused to reverse the dismissal of an OHS manager who used his employment-related LinkedIn account to send abusive personal emails, directed "expletive rich" language at his manager and declined to participate in a performance plan.

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.