Court and tribunal decisions page 366 of 373

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FWC knocks out blanket "no extra claims" clause

Ahead of a full Federal Court hearing next month of Toyota's appeal against a ruling that it breached its enterprise agreement when it pushed for changes, the FWC has found that a "no extra claims" clause in a Tasmanian energy agreement is invalid and therefore no barrier to the employer's application to vary the deal.

No adverse action despite link to bargaining activity

The Federal Circuit Court has held that a bus company did not take unlawful adverse action against TWU members at a NSW yard, but was not convinced that the measures the union complained of weren't linked to the bargaining round in progress at the time.

Tribunal throws out complaint against IR lawyers

A former university professor who unsuccessfully complained about the conduct of senior IR lawyers hired by his employer to oppose his unfair dismissal claim has failed to have the disciplinary decision revisited.

CFMEU contempt bill for Grocon stoush tops $2m

The CFMEU construction and general division's Victorian branch is facing a bill of more than $2 million after the Victorian Supreme Court today convicted it of five criminal contempts for flouting orders not to hinder access to two Grocon sites, including the Myer Emporium project in Melbourne's CBD that was the subject of a huge blockade in August 2012.


Undermining of collective bargaining not FWC's concern: Court

The Federal Court has held that the Fair Work Commission can't refuse to approve agreements because they would undermine collective bargaining, in the latest ruling on the John Holland deal covering just three workers.

Court orders CFMEU to cough up mobile phone numbers to Boral in contempt action

The Victorian Supreme Court has ordered the CFMEU construction and general division to give Boral Resources the mobile phone numbers of seven of its senior officials to help the company in contempt proceedings against the union for allegedly breaching an injunction not to blockade a Regional Rail Link project site in Melbourne's western suburbs.

Tracey loses battle to renew permit

MUA WA branch assistant secretary Will Tracey has lost his challenge to the Fair Work Commission's decision last year to refuse him a federal entry permit because he didn't meet the "fit and proper person" test.

Regular overtime should be counted as income: Full bench

In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.

Bullying "test case" thrown out on jurisdictional grounds

A test case that established that the Fair Work Commission is able to consider bullying that occurred before its anti-bullying jurisdiction took effect on January 1 has now been thrown out because the employer is not a "trading" corporation.