Judicial review page 11 of 13

129 articles are classified in All Articles > Legal > Judicial review

Take another look at safety net, court tells tribunal

Concerns that employees could be left without award coverage if an FWC full bench refused a modern enterprise award bid should have given a "sharper edge" to its consideration of safety net obligations, a full Federal Court has ruled.

High Court grants special leave to challenge "agreed penalty" ruling

The High Court has granted special leave for the federal government, the CFMEU and the CEPU to challenge a full Federal Court judgment that effectively stops the FWO and FWBC from continuing their practice of providing "agreed" penalty ranges to courts.

High Court upholds order to discover CFMEU officials' details

The High Court has this morning unanimously found there is no legal barrier to an order for the CFMEU to supply officials' phone numbers to help investigators determine who directed bans on Boral's concrete supplies.

Dissenting judge issues warning on adverse action

Workers need to be protected from employers that argue they took action against an employee because of the impact of the person exercising a workplace right rather than the actual exercise of the right, a judge has ruled in a dissenting judgment.

Court upholds majority support order bid at Resmed

The AMWU has fought off another challenge to its representation of workers at a high-tech respiratory equipment manufacturer, after the Federal Court upheld the Fair Work Commission's power to issue a majority support determination.

Look to Kiwi solution for good faith in employment: Riley

Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.