Court and tribunal decisions page 359 of 374

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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.

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.