Court and tribunal decisions page 2 of 208

2075 articles are classified in All Articles > Legal > Court and tribunal decisions


AEC attendance halt delays PABO voting

The AEC will no longer conduct attendance ballots for protected industrial action until the coronavirus crisis is resolved, prompting the FWC to vary multiple union PABO applications in order to delay the close of voting and allow for postal ballots.

Extended talk after asbestos scare unprotected action: Court

The Federal Circuit Court has held that an employer was obliged to dock four hours' pay from workers attending a lunchtime talk on asbestos that ran 45 minutes over time, noting a supervisor who considered it "unremarkable" had no authority to extend the meeting.


Transferable redeployment terms protect supply chain jobs

The FWC has moved quickly to endorse coronavirus redeployment measures agreed between the UWU and DHL Supply Chain, enabling employees to maintain their terms and conditions while temporarily working in other industry sectors.

Casual's 100-day-late general protections claim to proceed

A casual worker has won an extension of more than 100 days to file a general protections claim after the Federal Circuit Court found he reasonably acted on incorrect FWO advice and filed his claim in the wrong court.

Bench queries advice in "hopeless" case

An FWC full bench has taken aim at the legal advice given to a group of Coles distribution centre workers who over the course of four years and four adverse findings continued to pursue what ultimately became a "hopeless" case related to their work duties.

Court allows workers to maintain class action

The Federal Court has refused to "declass", provide an "opt-in" or make a common fund order for a major class action that is seeking entitlements for at least 3350 telecommunications workers allegedly misclassified as subcontractors.

RTBU wins approval to represent privatised drivers

The FWC has granted the RTBU a rule change allowing it to continue representing members transferred to privatised bus services in Sydney and Newcastle, but it has rejected proposals to extend eligibility to new drivers.


Bus driver's sacking over mobile calls "disproportionate": Tribunal

In what a union has hailed as a victory for a commonsense approach to mobile phone use, a tribunal has reinstated a bus driver sacked for making two calls while parked with the doors open and the vehicle's dual braking system engaged.