Appeals page 69 of 78

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No FBT payable on FIFO in paid time: Bench

In a decision that could have significant ramifications, a Federal Court appeal bench has accepted John Holland's argument that it should not have been liable for fringe benefits tax on flights carrying workers to and from a WA rail project during 2012 and 2013.

High Court to rule on Boral contempt case next week

The High Court will rule on Wednesday on the CFMEU's argument that Boral can't use court discovery processes to force the union to produce documents that might expose it to punishment for contempt for allegedly defying injunctions on Victoria's Regional Rail project.


Dissenting judge issues warning on adverse action

Workers need to be protected from employers that argue they took action against an employee because of the impact of the person exercising a workplace right rather than the actual exercise of the right, a judge has ruled in a dissenting judgment.

High Court rejects CFMEU's bid to oust tort of intimidation

The High Court has refused the CFMEU special leave to challenge last year's Victorian Court of Appeal finding that the Boral group could rely on the tort of intimidation to recover millions in damages for concrete supply bans.

FWC defers ruling on ResMed's apprehended bias claim

ResMed's request for a member of a Fair Work Commission full bench to stand aside from hearing its challenge to a majority support determination has been deferred pending the result of a Federal Court appeal.

Deviation from prescribed wording invalidates notice: Bench

A FWC full bench has ruled invalid a major company's representational rights notice for departing from strict wording and content requirements, after giving the employer and unions the opportunity to respond to newly-published guidelines on the issue.

Petition not enough to win majority support determination

The Fair Work Commission has rejected the AMWU's reliance on a petition to argue for a majority support determination for water treatment employees after the union failed prove the documents were at all times under control of its organisers or delegates.


Bench reconsiders whether managers excluded by agreement

Uncertainty remains as to whether electricity distributor Essential Energy can shift some managers and senior technical employees onto individual contracts, despite a FWC full bench overruling an earlier "scope" decision.