Court and tribunal decisions page 366 of 374

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Legal representation generally "a welcome relief", says FWC

A senior FWC member has strongly endorsed legal representation of parties in hearings, saying that with the rise of self-representation, the involvement of legal practitioners is "more often than not, a welcome relief".

Union's notice "device" renders industrial action unprotected: FWC

The FWC has ordered the TWU to postpone member-endorsed industrial action against Linfox Armaguard because the vagueness of the notices to the company would have required it to respond with "extreme measures" such as organising flying squads to replace workers.

Xmas party breast-toucher gets job back

A NSW public servant who admitted touching the breasts of five women during a 2012 Christmas party has won his job back after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.

Diabetes sufferer wins temporary job reprieve

The Federal Court has found the balance of convenience favours reinstating a warehouse officer to his position at Peabody Energy's North Goonyella coal mine, pending the hearing of his union's claim that the company took adverse action when it dismissed him because of his Type 1 diabetes.

Workers had good reason to refuse additional overtime: FWC

Australia Post acted harshly in disciplining two employees who had solid OHS reasons for refusing to work additional overtime, but was entitled to transfer their union delegate for his aggressive reaction to the sanctions, the Fair Work Commission has found.

FWC carpets advocate over "prevarication"

The Fair Work Commission has criticised an employer representative who filed a draft enterprise agreement for approval without sufficient evidence that it had been seen or approved by employees, saying her explanations about the deficiencies "could at best be described as prevarication".

Secondment arrangement akin to labour hire: Bench

A Flinders University analyst who argued that she was dismissed to avoid an investigation of her workplace bullying allegations has failed to convince a Fair Work Commission full bench she should be able to appeal the rejection of her unfair dismissal claim.

Ruling reduces threshold for majority support bids

A Fair Work Commission full bench ruling has opened the door for unions to seek majority support determinations if they are eligible to represent a single employee to be covered by a proposed enterprise agreement.

Employer's changes didn't amount to industrial action: Bench

A Fair Work Commission full bench has held that organisational changes made by employers do not amount to industrial action if they are not motivated by an industrial agenda, in a case involving the compulsory transfer of constables out of three Victoria Police music bands.

Court acknowledges strike was to support injured worker, as CFMEU fines mount

The Federal Court has added another $61,000 to the CFMEU's $250,000 bill for unprotected industrial action on the Brookfield Multiplex Perth hospital project last year, but in doing so has taken into account that the strike was in support of an injured worker and not for just a "self-interested purpose".