Court and tribunal decisions page 180 of 370

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Employer body denied refund of millions in payroll tax

A peak employer body has lost a lengthy battle to reclaim millions of dollars in payroll tax on the basis of its charity status, a court finding the network's model "primarily focused on serving the self-interest of its members" rather than promoting a stronger economy for everyone.

Deleting NERR's union references "herded" employees: FWC

A large employer's decision to excise union references from its representational rights notice has scuppered its proposed agreement, the FWC observing that employees were effectively being "herded" towards two colleagues who had negotiated the previous deal.

Hefty penalty for KKR-backed company that forged payslips

A company "motivated by malice" when it forged documents to cut the leave balance of a chief operating officer it perceived as "a thorn in its side" has been ordered to pay $250,000 in penalties and unpaid entitlements.

Court rules officials must show permits for safety entry

The Federal Court has closed a loophole under which union organisers maintained they could enter sites to discuss safety issues under state OHS laws without showing their federal entry permits.

Bench rejects Minister's review of 'discriminatory' deal

An FWC full bench has rejected IR Minister Christian Porter's bid to review an already-approved agreement on the basis that it contains discriminatory terms, while it has allowed changes "entirely disposing" of any lingering ambiguities.

CFMMEU conducts "sting" of its own as director fined $43,000

The CFMMEU has taken a leaf from the ABCC's playbook by invoking the High Court's 'personal payments order' decision in arguing penalties levied against an underpaying, bankrupt former director of a liquidated company should discourage such practices from being considered as "simply the cost of doing business".



Tribunal scolds BHP for procedural fairness defects

The FWC has admonished a BHP subsidiary for taking a "haphazard" approach to its disciplinary guidelines, finding it had a valid reason to sack a mineworker for her "deviant" conduct when she put a s-x toy in a colleague's carry-on baggage, but procedural failings made it unfair.

Explanation for racially-motivated sacking "fabricated": FWC

The FWC has rejected the "post fabricated" inventions of a supermarket owner found to have sacked a casual shop assistant because he preferred workers from Asian-speaking backgrounds, ordering full compensation despite claims it would destroy his business.