Court and tribunal decisions page 190 of 372

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Deal approved despite FWC's own BOOT concerns: Bench

The CFMMEU has questioned whether non-BOOT compliant agreements are slipping through the FWC's approvals process after a full bench quashed a three-paragraph decision green-lighting a deal despite the tribunal's own internal analysis warning that it did not pass muster.

Adverse action case revived after judge jumps gun on costs

The self-described former general manager of a "car solutions" company has been given another opportunity to pursue an adverse action claim after the Federal Court found a lower court judge denied him a procedurally fair hearing while also ordering he pay unsought legal costs.

Full court rules on leave test case

A full Federal Court has ruled today that a pair of 12-hour shift workers at a Cadbury chocolate factory are entitled to 10 calendar days of paid personal/carer's leave, rather than a lesser amount argued by their employer and the Federal IR Minister.

Employer's approach didn't discourage union involvement: FWC

An employer's advice to workers ahead of bargaining that they would be out of a job and in labour hire if the CEPU negotiated a new deal was "forceful" but adequately presented them with a choice of a union or non-union agreement, the FWC has held.


Too stressed to work after "political" rally

Defending ABCC claims against more than 50 steelworkers and two AWU organisers accused of encouraging them to strike, the union has told a court they attended a "political" Change the Rules rally before stopping work for OHS reasons as they were stressed about their employer's response.

Blind worker settles wage-calculation challenge

A disability employment services provider has reached an undisclosed settlement with a legally-blind worker in the Federal Court after he challenged the fairness of an assessment tool used to set his wage.

Union lashed over delaying agreement approval

The CFMMEU has been lashed for its role in delaying the approval of a three-worker agreement replacing an expired deal, the FWC questioning whether it was pursuing an "agenda" rather than assisting the tribunal as required under the relevant legislative provisions.


"Skilled and experienced" advocates win FWC's favour

The FWC has taken into account that a legally-qualified Qantas ER manager with experience appearing before the tribunal is not a seasoned advocate, in granting the airline's application for legal representation to defend an anti-bullying claim.