Court and tribunal decisions page 10 of 208

2075 articles are classified in All Articles > Legal > Court and tribunal decisions


"Big threatening scary man" comment not s-x bias: FWC

The FWC has rejected allegations that a female supervisor's description of a worker as a "big threatening scary man" amounted to s-xual discrimination, finding no evidence that he was treated less favourably because he was a male.


FWC halts campaign of "coordinated" sickies

The FWC has issued a s418 order to stop 31 individual Orora Packaging employees taking unprotected industrial action in the form of "coordinated" personal leave that has shut down production lines.

Slow FWC payment system blamed for late lodgement

The FWC has accepted an unlawful dismissal claimant's contention that the tribunal's "slow processing" of her $73.20 filing fee explained a two-minute delay in online lodgement.

Bench declines to trim hairdressers' penalty rates

An FWC full bench has rejected a bid to reduce hairdressers' penalty rates for weekend and public holidays, while seeking further submissions on whether weekend rates should be paid in addition to casual loading.

Suspending action won't hasten new deal: FWC

An employer has failed to convince the FWC that suspending industrial action would improve the chances of reaching agreement before the business is transferred to a new owner.

"Assumptions" undermine deed duress claim

In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.

Latest Aerocare deal fails BOOT as award reversion looms

The FWC has again thwarted major aviation services company Aerocare's long quest to replace its now-terminated 2012 agreement, finding that an updated 2018 deal still failed the BOOT despite attempts to allay split-shift concerns.

Bench quashes pre-undertakings deal approval

An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.

BHP Coal required unreasonable overtime: Court

The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.