Court and tribunal decisions page 344 of 374

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FWC stops "covert industrial action" on wharves

The Fair Work Commissioner has issued an order to halt "a campaign of covert industrial action" by wharfies that could cause Patrick Stevedores "significant disruption and financial imposts".

High Court rejects CFMEU's bid to oust tort of intimidation

The High Court has refused the CFMEU special leave to challenge last year's Victorian Court of Appeal finding that the Boral group could rely on the tort of intimidation to recover millions in damages for concrete supply bans.


Big fine for employer with "cavalier attitude"

In one of the last wages and entitlements cases pursued by the FWBC, a building subcontractor that used a labour-hire company to distance itself from it employment obligations has been fined $145,000 and ordered to backpay $150,000 to more than a dozen workers.

Home search order refused in restraint of trade dispute

The WA Supreme Court has refused to grant an order to search the home of a labour hire company's former Rio Tinto Pilbara account manager accused of soliciting business for a competitor in breach of a six-month restraint of trade provision.

No anti-bullying order after employer reforms behaviour

The FWC has declined to make an order against a radiology company found to have bullied an employee, saying its recent "careful attention to procedural fairness" made it unlikely its conduct would continue.

FWC defers ruling on ResMed's apprehended bias claim

ResMed's request for a member of a Fair Work Commission full bench to stand aside from hearing its challenge to a majority support determination has been deferred pending the result of a Federal Court appeal.


Westpac manager's conduct undermined trust/confidence: FWC

The FWC has upheld Westpac's summary dismissal of a bank manager who breached six of the seven principles in the bank's code of conduct when he failed to disclose an affair with a subordinate and breached a restraining order she took out.

Deviation from prescribed wording invalidates notice: Bench

A FWC full bench has ruled invalid a major company's representational rights notice for departing from strict wording and content requirements, after giving the employer and unions the opportunity to respond to newly-published guidelines on the issue.