Court and tribunal decisions page 179 of 372

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Senior MUA official loses entry permit

The FWC has refused to renew MUA Sydney branch secretary Paul McAleer's entry permit, ruling that he has "repeatedly preferred the interests of his union and/or its members over compliance with industrial laws."

Bench hears new push to find employment relationship at Uber

A former Uber Eats worker is today seeking to convince an FWC full bench that she is an employee because the gig economy giant exercised "practical control" over her, as it began hearing her bid to overturn an earlier ruling.


FWC releases "business needs" brake on reclassification

The FWC has ordered aerospace company Boeing to promptly deal with a tradesperson's reclassification bid, finding the company's repeated refusal to do so in breach of its enterprise agreement.

Seek immunity for complicit workers in future: Court to FWO

FWO celebrations over winning almost $400,000 in penalties against a travel company and its director for cash-back arrangements have been tempered by a court's observation that it might have been wise to secure immunity for the two visa-seeking workers concerned before initiating litigation.

Customer feedback "unfair" performance measure: FWC

In a decision that might convince employers to reconsider using client feedback as a basis for KPIs, the FWC has highlighted Audi's "astounding" absence of HR specialists in finding it unfairly dismissed a service advisor for failing to meet benchmark customer survey scores.


Kmart deal set to pass despite ballot flaws

Wesfarmers subsidiary Kmart wrongly permitted new recruits to vote for its latest agreement even though they were not engaged until after the access period, according to an FWC full bench that has nevertheless quashed an earlier rejection of the deal and invited submissions on an undertaking to provide choice of super fund.

Repeated mobile use did not warrant instant sacking

A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.