Court and tribunal decisions page 6 of 200

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Guard's pre-shift beers not a sackable offence

The FWC has reinstated an immigration detention centre officer sacked for consuming alcohol before an unscheduled shift, finding his behaviour fell short of serious misconduct.

Bench shaves $48K off CFMMEU penalties over double dip

In a significant ruling on how Fair Work Act breaches are to be assessed, a Federal Court full bench has invoked double jeopardy principles to strip $48,000 off penalties awarded against the CFMMEU and one of its organisers.


MUA back where it began as fined $38K for unlawful strike

A Federal Court judge has for the second time rejected FWO arguments that the CFMMEU's maritime division should not benefit from the Fair Work Act's single course of conduct mechanism in determining penalties for an unlawful strike.

Winery sacking far from vintage: FWC

A wine producer has been ordered to pay a 72-year-old former sales manager more than $15,000 in compensation after an FWC finding that an external "dispute resolution" consultant contributed to a flawed dismissal process.

IR class action funder challenges costs security order

The litigation funder behind a swathe of casuals class actions is challenging a requirement to cough up more than $3 million in security for the potential costs of two of them, arguing it would set a higher bar for employment-related class actions and eat into workers' returns.

Accept major civil projects are ours: AWU to CFMMEU

An AWU leader has called on the CFMMEU's construction division to accept that courts and tribunals have determined that the AWU is the "principal union" in civil construction and tunnelling.

Go external for harassment investigations: Tribunal

In a decision pointing out the multiple failures of an upmarket Adelaide supermarket to properly handle a juice bar worker's complaint that "the chef just touched my arse", a tribunal has ordered the company and her former colleague to jointly pay her $30,000 in damages.

Senior MUA official loses entry permit

The FWC has refused to renew MUA Sydney branch secretary Paul McAleer's entry permit, ruling that he has "repeatedly preferred the interests of his union and/or its members over compliance with industrial laws."

Bench hears new push to find employment relationship at Uber

A former Uber Eats worker is today seeking to convince an FWC full bench that she is an employee because the gig economy giant exercised "practical control" over her, as it began hearing her bid to overturn an earlier ruling.