Court and tribunal decisions page 358 of 373

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FWC accepts majority wants to bargain at Cotton On

The NUW has demonstrated majority support for it to bargain for an enterprise agreement to cover warehouse employees at one of Cotton On's two Australian distribution centres – despite the company arguing that a single agreement should cover the workers at both sites.

Chef's undisclosed $1 mark-up breached contractual duties

A hotel chef breached his contractual duty of fidelity and fiduciary duties by sourcing chicken schnitzels through his wife's business and selling them to his employer for $1 more than their original purchase price, a court has found.

Company's tolerance of bullying conduct meant dismissals unfair: FWC

Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.


Full bench throws out entry permit appeal

A Fair Work Commission full bench has upheld a decision to refuse a Queensland building union official an entry permit, while a senior member has stayed the suspension of permits for 12 other officers.

Mobile phone policies under FWC spotlight

In two separate decisions, the Fair Work Commission has ruled that it has the power to arbitrate on the use of mobile phones at BHP Coal's Bowen Basin mines and that a tram driver was unfairly sacked after being accused of using his phone while on the road.

Pattern of inappropriate behaviour justifies dismissal

A Toll employee who intimidated a drug and alcohol testing technician and maintained he was medically unfit to attend meetings with management about his behaviour was validly dismissed, the Fair Work Commission has found.

Court delays HSU election

The HSU's Victoria No 1 branch elections have been delayed until a federal court inquiry is held into the eligibility of two nominees.


Valid reason outweighed by long service and investigation delay

A major IT company had a valid reason to sack a project manager who wrongly claimed overnight expenses on 141 occasions over less than 12 months, but his dismissal was unfair given his long and otherwise unblemished service and the long delay in investigating the misconduct, the Fair Work Commission has ruled.