Court and tribunal decisions page 237 of 372

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FWC says entry ban "conceivable", but rejects ABCC case

The FWC has thrown out the ABCC's latest bid to block a high-profile CFMMEU leader from visiting worksites, warning that any future applications will need "actual evidence" that he controlled officials and failed to address their actions.

FWC reinstates jettisoned driver

A bus company must reinstate a driver it dismissed on the spot, after CCTV footage undermined claims that he shouted at his general manager and behaved unreasonably after a meeting about his forcible ejection of a highly abusive would-be passenger.

Not unreasonable to reject worker's union support person: FWC

In upholding the sacking of a nurse who slept on the job and refused to meet with her employer without a Health Workers Union organiser who was banned over OHS concerns, the FWC has found it not unreasonable for an HR manager to threaten to resign rather than work with the official.

Full court shoots down Aerocare appeal

A full Federal Court has today dismissed an attempt to overturn the Fair Work Commission's rejection of a new enterprise agreement for aviation ground-handling company Aerocare.

Unfair for Apple to be represented: FWC

The world's richest company has failed to win permission from the FWC for an external lawyer to defend its dismissal for alleged serious misconduct of an employee who is to be self-represented at a hearing next month.

Court shaves $645,000 off entitlements claimed via "absurd" maths

In rejecting as "absurd" the expert evidence of a forensic accountant who calculated that Ambulance Victoria owed an on-call media officer $800,000 in unpaid entitlements, the Federal Circuit Court has instead ordered the employer to pay her $155,000, including for time spent sleeping.

FWC empowered by state safety laws: Commissioner

In a significant decision on the FWC's power to deal with clashes between agreements and state laws, a tribunal member has found that jurisdiction was established by a combination of health and safety considerations and the absence of legislative reference to exclusive arbitrators.



Rare ruling on business transfer arrangements favours new employer

In a significant addition to the jurisprudence around "arrangements" between transferring businesses, the FWC has rejected union arguments that the urgent use of an old employer's pathology equipment after a midnight handover should lead to continuing employees being retained on their existing, more generous enterprise agreement.