Court and tribunal decisions page 358 of 374

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FWC stymies shift to individual contracts

The Fair Work Commission has rejected a second attempt by electricity distributor Essential Energy to move some managers and senior technical employees from an enterprise agreement to individual contracts, ruling that the "common understanding" of the agreement's coverage clause overrides its literal meaning.

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.