Court and tribunal decisions page 184 of 372

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Undertakings might get MMS deal over line: FWC

In the latest stage of a long battle by power and mining unions against the approval of a "small cohort" non-union agreement for maintenance employees, the FWC has given Mechanical Maintenance Solutions Pty Ltd a chance to provide an undertaking to overcome its failure to ensure the deal was genuinely agreed.

Tribunal rebuffs worker's plea to plug FEG 'empathy gap'

The AAT has rebuffed a claim of unfair treatment under the Fair Entitlements Guarantee from a worker who claimed she missed out on a redundancy payment because of her loyalty and empathy in staying-on with a failed company as its employee numbers dropped below the small business threshold.

"Punitive" costs bid bites Freelancer

A digital employment platform's "ambit" claim for costs against an HR manager has backfired, landing itself a costs bill after a court found it unreasonably pursued it to punish him for his unsuccessful adverse action claim.





Builder penalised for spurning non-union contractor

A construction company's refusal to to engage a non-union subcontractor at the CFMMEU's behest has now cost it $275,000 in penalties and compensation, with the Federal Circuit Court noting such conduct "has the potential to perpetuate a culture of submission".

FWO seeks to take piecework case to High Court

The Fair Work Ombudsman will seek special leave from the High Court to appeal a full Federal Court ruling on whether hundreds of casual mushroom workers on non-compliant piecework agreements are entitled by default to be paid hourly rates under the horticultural award.

Employer ordered to reinstate "pain inflicting" firefighter

A tribunal has reinstated a long-serving emergency services worker sacked for using "pain stimuli" on recruits during training, after it found his largely unblemished work history outweighed his misconduct.