Appeals page 48 of 79

781 articles are classified in All Articles > Legal > Appeals


University denied natural justice by commissioner's actions: Bench

An FWC full bench has found a tribunal member denied a university natural justice when she amended exam markers' pay rates due to ambiguities in its agreement, but failed to consider the tertiary institution's views on the changes.

Regulator questions court's decision "constraining" workers' safety

WorkSafe Victoria is "considering its options" after expressing disappointment at Friday's full Federal Court finding that a CFMEU official needed to have a federal entry permit to assist a health and safety representative when invited onto a Victorian construction site.

Ruling on site access has "profound" safety implications: Union

A full Federal Court has found a CFMEU official called onto a Victorian construction site to assist a health and safety representative is not protected by the state's OHS laws and should have had a federal entry permit.

Bench rules two must tango if Commission is to arbitrate dispute

An FWC full bench has found the tribunal lacked the power to settle a rostering dispute between the CFMEU and an underground coal mine because the enterprise agreement called for both parties to concur on how the matter should proceed.


Union fears agreement ruling might create loophole

A proposed agreement struck with three maintenance workers prior to securing a major mining contract is back on the table after an FWC full bench overturned its rejection, finding its terms only required workers to perform preparatory duties in connection with the project to be covered by it.


Harden up: Bench splits over phased return to work

An FWC full bench majority has thrown out a a company's challenge to a decision requiring it to reinstate an injured worker to his previous role and ensure he receives "work hardening".

CFMEU's "power" play fails to impress court as $540,000 in fines stand

A full Federal Court has described as "astounding" a CFMEU argument that it should not be held liable for organisers' unauthorised entries to building sites because the alleged contraventions should be viewed as an exercise of "power", rather than of a "right" defined by the Fair Work Act.