Court and tribunal decisions page 370 of 374

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Employers entitled to dismiss unfit-for-duty workers: Tribunal

The employers of two long-term train drivers who were off work for between 18 months and two years because of health issues were entitled to dismiss them when they were ruled unable to resume driving duties, the Fair Work Commission has found.

FWC snubs urine testing again

The Fair Work Commission has removed urine testing from DP World's national drug and alcohol policy, but has also refused a union bid to impose a "three strikes" disciplinary process at four ports across the country.


Bully for you: past acts relevant in new jurisdiction

The Fair Work Commission has ruled that it is not prevented from considering behaviour that occurred before the start of the new bullying jurisdiction on January 1 this year when dealing with applications for orders to stop the conduct.

Meat deal boned after bench finds approval errors

A Fair Work Commission full bench has ruled that only employees who will immediately be covered by an enterprise agreement are entitled to vote on its approval, not employees who are likely to be covered in the future.

FWC finds cure for premature application

In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.


Coles thwarts TWU claim for online delivery drivers

In a big win for supermarket giant Coles, the Federal Circuit Court has ruled that its online delivery drivers are covered by the major retail award, throwing out the TWU's long-running claim that they are employed in the transport industry.


UFU ordered to comply with good faith bargaining rules; Challenges court ruling

The FWC has ordered the United Firefighters' Union to comply with good faith bargaining obligations in its negotiations with Victoria's Country Fire Authority, while the union has lodged an appeal against the Federal Court's ruling that clauses requiring the CFA to employ additional firefighters and conduct recruitment are unconstitutional.