Court and tribunal decisions page 142 of 374

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Swissport to press for deal's approval, after TWU flags new challenge

Outsourced aviation services provider Swissport has rebuffed the FWC's suggestion that it start afresh rather than continue to seek endorsement of its troubled 2018 agreement, after the TWU flagged that it would challenge the genuineness of the employees' consent.


FWC bench clips tribunal's own wings

In a significant ruling on FWC powers, food manufacturing giant Simplot Australia has overturned a finding that the tribunal can keep dealing with disputes brought under old agreements once a new deal comes into effect.


DJ not in tune with award: Court

The Federal Circuit Court has expressed "hesitation and regret" in accepting that while a DJ was a casual rather than an independent contractor, his underpayments claim must fail as his work was not covered by an award.

Setback for MacBank in defending underpayment claims

A group of wealth advisors suing Macquarie Bank for alleged underpayments will no longer have to hand over personal tax records dating back to 2012, after the Federal Court upheld their appeal on the basis that the documents are "irrelevant".

Umpire rejects bid for "COVID-care" allowance

A $5 an hour "COVID-19 care allowance" for disability workers attending to self-isolated and quarantining clients is unnecessary and likely to trigger a push to insert it into other health sector and aged care awards, according to an FWC full bench.

Award severance clause trumps incapacity provision: Bench

An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.

Tribunal backs sacking of worker who text-harassed HR manager

The FWC has upheld the dismissal of a council worker on a "destructive path", following a day that started with him refusing to wear safety boots and ended with him almost hitting a team leader with his truck and harassing a HR manager.

Redundancy genuine despite HR team's pratfalls

The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.