Court and tribunal decisions page 1 of 374

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Hospital operator wins injunction after "misleading" ANMF claims

Ramsay Health Care has used competition laws to win orders restraining a ANMF advertising campaign, after the Federal Court accepted it had an arguable case that the union made false and misleading clams that might damage the company's reputation and scare off patients.

No bargaining orders despite HR manager side-stepping union

The SDA has failed to win bargaining orders against a beauty retailer that froze it out of negotiations for a new deal, after a FWC member had just an hour to weigh the application before voting ended and it won resounding support.

Transfer to direct jobs lines up with SJSP: FWC

The FWC has transferred workers from BHP's in-house labour hire arm to direct employment with the new owners of a former BHP Coal mine, finding it "consistent" with the intent of the Fair Work Act's new "same-job, same-pay" protections.

FWC gives ASU a toilet break

ASU officials will no longer have to be escorted to the bathroom when exercising entry rights at the ATO after the FWC found it an unreasonable request, while giving union delegates "time release" to accompany them would be "frankly quite ridiculous".

Leave accrual beyond bans pay-docking power: Bench

Overlooked evidence and orders beyond the Commission's powers have led to two offshore oil and gas industry companies overturning FWC rulings that reduced the amount docked from workers' pay after they engaged in partial work bans.

Criticising bosses on chat group a sackable offence: FWC

A supervisor's criticism of management in a social media group chat that "incit[ed] a negative and combative environment among the team", along with performance issues, provided a valid basis for dismissing her, the FWC has found.

Agreement did not make work "voluntary": Court

The MUA has failed to convince a Federal Court judge that stevedores are owed for days lost through strikes because their agreement supposedly guaranteed 30 hours a week pay once they reached an annual threshold, whether they worked or not.

CV holdouts have redundancy payouts cut

The FWC has halved the redundancy payouts for two finance workers who stood in the way of their employer's attempt to find jobs with a competitor by declining its request for updated resumes.

Familiar Seek ad provides reason for late application: FWC

The FWC has waved through a worker's late unfair dismissal application after accepting that it took seeing a job advertisement closely mirroring her role to crystallise doubts about whether she had genuinely been made redundant.

FWC reflects on "window of currency" for valid sacking reasons

In a decision assessing how long a valid reason remains "current", the FWC has overlooked serious procedural deficiencies to back a landscaping business's summary sacking of a gardener almost two months after he called a colleague a "fat exploiter of foreigners".