Appeals page 46 of 78

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High Court reserves decision on bargaining breaches

The High Court has reserved its decision on parallel appeals by Esso and the AWU questioning what constitutes a breach of bargaining orders and whether a breach during bargaining means future protected action is not possible.

High Court reserves decision in Aldi 'coverage' case

In a case likely to have ramifications for hundreds of existing enterprise deals, the High Court has reserved its decision in Aldi's appeal against a decision knocking out a controversial agreement on the basis it was agreed by prospective employees not yet covered by it.

$25,000 costs security order for sacked ABCC inspector

An inspector sacked by the ABCC for failing to disclose criminal and disciplinary proceedings when he was a police officer must pay $25,000 security to challenge a court's rejection of his bid for a judicial review.

No wriggle room in FEG claims deadline: Tribunal

The AAT has confirmed it has no flexibility to extend Fair Entitlement Guarantee deadlines, knocking back a claim lodged two days after the prescribed 12-month limit.

"Unaffordable" UK employment tribunal fees not lawful, court rules

Any possibility of the FWC moving towards the UK employment tribunal's user-pays regime might have been stymied after its highest court found that recently-introduced fees for individuals of up to $2,000 prevented access to justice and were unlawful.

"Interesting technical question" sees bench quash agreement

An FWC full bench has quashed an agreement struck with five Sigma Healthcare recruits, finding the NUW had been denied natural justice when the pharmaceuticals giant failed to provide it with its application for approval on the basis that the union had ceased to be a bargaining representative.

Hiatus strips dismissed employee of award protection: Bench

While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.