Court and tribunal decisions page 348 of 374

3738 articles are classified in All Articles > Legal > Court and tribunal decisions


FWC "less than impressed" by employer's law firm

A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.


Coles clears another hurdle to single retail deal

Coles Supermarkets is a step closer to putting to ballot a single retail deal covering 80,000 workers, after the Fair Work Commission comprehensively rejected a TWU scope order application for online delivery drivers, finding they were an "integrated and integral part" of the company's retail operations.


Look to Kiwi solution for good faith in employment: Riley

Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.

Full bench knocks back BOOT appraisal

An FWC full bench has emphasised that the tribunal should take a "global" rather than "line by line" approach when applying the better off overall test to agreements, while in another ruling the Commission has approved a deal with employer undertakings, despite union misgivings that it was originally voted up by only three employees who have since left the company.

Union official denied entry permit over Westgate Bridge breaches

The FWC has refused to issue a new entry permit to an AMWU organiser who engaged in "egregious" conduct during the notorious Westgate Bridge dispute in 2009, and has described as "baffling" a 2011 decision to grant him a permit.

FWC finds workers owed allowances while on strike

In a case set aside until the High Court ruled on the Mammoet accommodation dispute, the Fair Work Commission has found that coal mining workers should have been paid their safety and production allowance while they were taking protected action during a bargaining battle.

Judge upholds removal of senior union position

The NSW Public Service Association says its axing of an assistant secretary position has boosted its war chest to fight the state government's electricity privatisation plans.