Court and tribunal decisions page 243 of 372

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Union no-show at Commission as another agreement terminated

The South Australian branch of the AWU has refused to participate in a hearing into a major grain company's successful agreement termination bid, telling the FWC it has "no confidence" in a legal process for employer terminations that unfairly bolsters their bargaining position.

Mass exodus from fire safety team unprotected action: FWC

The Fair Work Commission has blocked an attempt by 83 employees of an oil and gas refinery at Geelong from resigning en masse as members of an in-house Fire Auxiliary Team in a disagreement over safety and training.

Qantas worker's "fundamental" conduct breach justified sacking: FWC

In the wake of the public spotlight on the Qantas "inclusive language" guidelines, one of its baggage handlers has failed to convince the FWC that tearing a colleague's shirt, shoving him against a locker and telling him to f-ck off back to his country were not sackable offences but rather a bit of "argy bargy" between friends, consistent with the workplace culture.


FSU at royal commission; On-hire worker's dismissal claim; & more

FSU legally represented in banking royal commission; "No end date" comment spurs on-hire dismissal claim; Company's "secret" to closing gender pay gap; Disputes at decade-long low; and surprising lift in US private sector union membership.


"Industrially unsound" result in case scuttled by friendly fire

In a decision where the employer's case was embarrassingly "scuttled" by its own witness, a senior FWC member has found that Ausgrid failed to inform four safety specialists during job interviews that they wouldn't be receiving an allowance due to them under the relevant agreement.

Two jobs don't add up to overtime: Court

In a significant decision on multi-hiring arrangements, a court has ruled that an Australia Post employee holding two "separate and distinct" part-time positions could not base overtime and other entitlements on combined hours.

FWC slams HR department's "entrapment"

The Fair Work Commission has sought to better delineate the law around so-called constructive dismissals, in a case in which it lambasted a multinational company's HR department for overseeing a process it likened to "entrapment".

BHP subsidiary's direction not reasonable: Tribunal

In a novel decision on the need to consider alternative duties for incapacitated workers, the FWC has found an agreement clause requiring directions to be reasonable trumped BHP Coal's common law right to refuse to allow a mineworker to perform only part of his job.