Judicial review page 4 of 13

128 articles are classified in All Articles > Legal > Judicial review

Bench refuses to disturb finding that Hadgkiss questioning "inexcusable"

A full Federal Court has found that a CFMEU official breached the Fair Work Act's "hinder or obstruct" prohibition for permit-holders when he "liberally" swore at a safety inspector, but rejected the ABCC’s argument that it was denied procedural fairness when the trial judge described former Commissioner Nigel Hadgkiss’s questioning of a witness as "inexcusable".

Ross rejects Aldi bid to send NERR questions to court

FWC President Iain Ross has rebuffed an application by retailer Aldi to have a full Federal Court review the rejection of its agreement because of a deficient bargaining notice.

Full court rules on self-incrimination

A full Federal Court has rejected an appeal by a CFMEU construction and general division official against answering questions in court from his own counsel on the grounds that he might incriminate himself.

UFU fails to douse report into firefighters' culture

A court has thrown out a union bid to shut down a report into discriminatory behaviour in the Victorian fire services, confirming that the state human rights commission's powers extend to investigating statutory corporations.

Employers challenge rejection of three and four-worker deals

A labour hire company is appealing the quashing of a two-year-old agreement covering more than 1000 mine services workers after it was found to have been inadequately explained to the three workers who agreed it.

Ruling expected this week on AWU bid for Cash documents

The AWU is seeking access to documents on the "political purpose" of the Registered Organisations Commission's decision to investigate past donations by the union, the Federal Court has heard.

High Court rules unions can represent "eligible" non-members

The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.

Aldi deal wins High Court coverage endorsement but needs reBOOT

The High Court has directed an FWC full bench to re-determine whether a controversial Aldi agreement for a new distribution centre passes the better off overall test, but it has agreed with the retailer that deals covering new enterprises can extend to employees yet to work there.

AWU might face damages after High Court rules bans unlawful

The High Court has today upheld an appeal by Esso Australia against a finding that industrial action taken by the AWU in 2015 was protected, in a decision that leaves the way open for a substantial damages claim against the union.