Appeals page 44 of 78

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Union only challenged ROC decision to dodge penalties: Bench

An FWC full bench has refused the CEPU leave to appeal a ROC decision on financial reporting deadlines, holding that the "real purpose" of the union's case was to avoid potential penalties for failing to meet its statutory obligations.

Aerocare's "misconceived" offer sinks agreement appeal

Aerocare's attempt to revive its appeal against the rejection of a new agreement has fallen short, after an FWC full bench rejected the aviation services company's "misconceived" offer to improve conditions for casuals.

Employers challenge rejection of three and four-worker deals

A labour hire company is appealing the quashing of a two-year-old agreement covering more than 1000 mine services workers after it was found to have been inadequately explained to the three workers who agreed it.


FWC bench made "significant error", but was not biased: Court

An FWC full bench's decision to refuse an employer's appeal might have involved a significant procedural error, but a senior member's "terse" exchange with the company's counsel did not support a charge of bias, a court has found.

Bench puts ROC in the dock

In the first appeal against a Registered Organisations Commission decision, an FWC full bench has quashed the watchdog's refusal to grant a union more time to submit election information and observed that its approach to defending the case could imply "a lack of impartiality".

High Court rules unions can represent "eligible" non-members

The High Court has confirmed that unions are entitled to run underpayment and other contravention cases for un-named classes of employees who are eligible for membership but are not members, paving the way for a pilots union to advance an adverse action claim on behalf of Regional Express cadets.

Bench opens door for more unfair dismissal claims

Workers on "outer limits" fixed-term contracts and long-term casuals have been given more latitude to pursue unfair dismissal claims after an FWC full bench decision that brings the accepted precedent on employer-initiated terminations into line with Fair Work Act provisions.

Aldi deal wins High Court coverage endorsement but needs reBOOT

The High Court has directed an FWC full bench to re-determine whether a controversial Aldi agreement for a new distribution centre passes the better off overall test, but it has agreed with the retailer that deals covering new enterprises can extend to employees yet to work there.

Union awaits ruling on challenge to record fine

The NSW Court of Appeal has reserved judgment on the PSA's challenge to a record $84,000 fine for contravening court orders and pressing ahead with a Valentine's Day strike in protest at the State Government's plans to privatise disability support work.