Court and tribunal decisions page 357 of 373

3721 articles are classified in All Articles > Legal > Court and tribunal decisions


High Court to make "scab" sign ruling next week

The High Court will decide next Thursday whether BHP Coal took adverse action against a mineworker when it sacked him for holding up an anti-"scab" sign at a picket in Queensland's Bowen Basin in 2012.

"Brave or foolish"? Tribunal member shuns full bench scope order ruling

Despite acknowledging the convention that it is a "brave or foolish" FWC member who refuses to follow a full bench ruling, a commissioner has done just that on the way to granting a union's application for a scope order for an agreement to cover workers at one of a building company's four sites.


FWC rejects second reinstatement bid

An unfairly dismissed Catholic school teacher who successfully argued before a Fair Work Commission full bench that a tribunal member failed to give sufficient consideration to reinstatement options has again missed out on getting her job back.

"An ABN or nothing": Builder guilty of sham contracting

A building company and its director who dismissed a construction worker so that they could re-employ her as an independent contractor now face civil penalties and a possible compensation order.


FWC releases fourth bible for comment

The Fair Work Commission has released its fourth benchbook for public comment, covering enterprise bargaining and agreement making.

CFMEU fined $150,000 for right of entry breaches

The Federal Court has fined the CFMEU's construction and general division and five of its officials more than $150,000 for contravening right of entry laws, prompting FWBC director Nigel Hadgkiss to state that entry permits are a "privilege", and not a licence to act unlawfully.

Workers win reprieve from $25,000 cost security claim

The Fair Work Commission has rejected Patricks' bid for orders requiring five workers - and their solicitor - to provide security for costs of up to $25,000 each prior to their unfair dismissal claims being heard.

Low-paid authorisation bid fails bargaining blockage test

The mere fact that bargaining is "difficult" is unlikely to justify granting a low-paid authorisation for a multi-employer agreement, a failed application by United Voice in the security industry demonstrates.