Court and tribunal decisions page 360 of 373

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Victorian IR Minister briefs HR Nicholls Society on the "rule of law"

Senior Victorian Government Minister Robert Clark has told the HR Nicholls Society that he has drawn on all three of his portfolios to combat bad behaviour in the building industry and has flagged changes to strengthen the guidelines for contractors seeking state government work.


Direction to work extra hours ruled unlawful and unreasonable

A company's requirement for an employee to work additional unpaid hours and make himself available on-call was neither lawful nor reasonable, the Fair Work Commission has ruled in upholding his unfair dismissal claim.

Union activity not the reason for failed promotions: tribunal

A long-time power station employee who claimed to have been "oddly unsuccessful" in six promotion applications has failed to convince a tribunal that he was discriminated against because of his union or industrial activity.



Law firm predicts industrial action, productivity, next on agenda

A new report from a major employment law firm predicts that the Senate will pass the Abbott Government's Fair Work Act and building industry amendments, suggests the next reforms will be limits on industrial action and productivity requirements for enterprise agreements, and highlights the lower than expected activity in the FWC's anti-bullying jurisdiction.

Court orders near maximum fine for employer's "disgraceful" conduct

The Federal Circuit Court has hit a transport operator who sacked a driver for taking carer's leave and then terrorised him, his family and his union solicitor when he instituted legal proceedings with close to the maximum penalty for unlawful adverse action.

Tribunal reverses $2.5m super payout

The NSW Industrial Court has overturned a ruling that 78 Port Kembla coal terminal workers were owed $2.5 million after signing contracts based on employer assurances they wouldn't be worse off under a replacement superannuation scheme.

AWU fails in constitutional challenge over redundancy consultation

A Fair Work Commission full bench has ruled that Fair Work Act provisions requiring state governments to consult with unions over proposed redundancies are unconstitutional, rejecting the AWU's attempt to distinguish a similar High Court finding.