Case law page 12 of 33

327 articles are classified in All Articles > Industrial action/disputes > Case law


New powers needed to deter serial litigants: FWC bench

An FWC full bench has called for the Commission to win stronger powers to curb "serial litigation", after it awarded indemnity costs against a worker who sought to overturn a failed four-year-old reclassification ruling.

HR boss best placed to represent Officeworks: FWC

The FWC has rebuffed Wesfarmers subsidiary Officeworks' request that it be represented by law firm Freehills in a dispute with the SDA and has suggested, based on correspondence from the company, that its head of HR, Heidi Dorman, should appear.

Court backs docking pay for "make-safe" actions

An employer rightly deducted 12 hours' pay from mineworkers who took as little as five minutes to secure their machinery and make it safe in preparation for protected action on five occasions across three days, the Federal Court has held.

Donning/doffing PPE is working time: Bench

A full bench has quashed a finding that a meatworker is not entitled to payment for time involved in putting on and removing PPE during a half-hour unpaid meal break, but has held an employer's silence did not give the FWC power to arbitrate on the before- and after-work requirement.

Aviation unions seek leave to appeal Qantas JobKeeper ruling

Aviation unions will this month ask the High Court to hear an appeal against Qantas's use of JobKeeper payments, on the same day that the ABCC will seek leave to challenge a full Federal Court finding on the nature of "industrial activity".

Don't expect the union to pay your fines any more, warns court

The ABCC has been handed a giant sledgehammer in its running battle with the CFMMEU after a Federal Court judge found that he did not need the construction industry watchdog to request personal payment orders before making union members pay fines out of their own pockets.

Telstra made fair call on safety rep's redundancy: FWC

The FWC has found a Telstra HR specialist properly handled an OHS representative's challenge to his retrenchment, despite the CEPU contending his selection was "infected by bias" due to his role and a history of interpersonal conflict with his manager.

Union to seek urgent dispute hearing after injunction bid

The Federal Court has today refused a rail union bid to stop the retrenchment and redeployment of employees of Melbourne public transport operator Metro Trains, after the company gave an undertaking it wouldn't proceed while the RTBU seeks an expedited dispute hearing in the FWC.

Picketing, coercion warrants "severe" penalties: Judge

The Federal Court has imposed fines and costs of almost $1 million on the CFMMEU and more than $170,000 on officials and delegates for unlawful picketing and coercion of a crane company to reinstate a sacked delegate and sign an agreement.

Department must consult on dress standards, social media: FWC

The Department of Home Affairs has failed to convince the FWC it was not obliged to consult workers before introducing new policies governing social media use, interactions with children and a dress code deeming sleeveless clothing "unsuitable".