Court and tribunal decisions page 373 of 374

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Bench splits on annual leave review; RCAV seeks court ruling on $266m impost

A Fair Work Commission full bench has rejected – by a two to one majority – a raft of claims to vary annual leave provisions in modern awards as part of the two-year transitional review, finding that many of them would more appropriately be dealt with in the broader review next year.


Public servant fights for her right to Tweet

The Federal Circuit Court has ruled that there is no unfettered right to freedom of political expression in dismissing a federal public servant's application for a declaration that any finding that she had breached the APS code of conduct for tweeting her opinions would breach her implied constitutional rights.




Call centre wins stay on $300K payout following FWO prosecution

The Federal Court has stayed a $300,000 Federal Magistrates Court penalties and backpay order against a call centre, while imposing a conditional security payment, acknowledging the employer's chances of a successful appeal are "not strong".

Prank gone wrong: Tribunal upholds sacking over "gay" email

A prison officer has failed to win reinstatement after being summarily dismissed for impersonating a co-worker by sending an email from the colleague's account to his entire department, inviting other "homosexuals" to contact him.

CFMEU entry permits to be renewed despite breaches

The Fair Work Commission has said it will renew entry permits for six CFMEU construction and general division organisers who have all been involved in contraventions of industrial laws in the last five years, but has asked for declarations that they have not committed any further indiscretions since their applications were lodged.

ALAEA free to pursue coverage of unlicensed engineers at Qantas

The ALAEA says FWA has cleared the way for it to pursue its bid to change its rules to cover a new category of unlicensed aircraft maintenance engineers at Qantas, after a full bench today rejected an application for orders to stop it representing the workers.