Appeals page 1 of 46

452 articles are classified in All Articles > Legal > Appeals


"Fairness" issue sees crane driver's reinstatement suspended

BlueScope Steel has won a stay on orders to reinstate a veteran crane operator sacked after his third safety breach, with an FWC full bench to consider whether a member unfairly relied on his experience of its "proactive" disciplinary approach.

Company can't unilaterally end income protection scheme: Bench

In another blow to stevedore DP World as it weathers a campaign of rolling strikes, an FWC full bench majority has upheld a ruling that it was not entitled to unilaterally end an income protection scheme for its container terminal employees.

UK ruling casts secret recordings in new light

In the age of ubiquitous mobile phones, covert recordings of meetings by employees don't necessarily irreversibly damage trust and confidence in the employment relationship, a UK IR tribunal has ruled.

Judge's "hostility" towards employer cruels landmark FWO case

A landmark contempt finding and accompanying jail sentence hailed as proof of the FWO's commitment to justice has been overturned by a full Federal Court that found the ruling judge's "open" hostility to the underpaying employer compromised his ability to consider the evidence.

FWO secures fivefold increase in director's fine

In a decision vindicating the FWO's resistance to the grouping of multiple contraventions for the purpose of setting penalties, the workplace watchdog has won a fivefold increase in fines imposed on an underpaying company director.


Commission took proper account of reduced bargaining power: Full court

An FWC member gave due recognition to the reduction of employees' bargaining power that would flow from him acceding to a DP World bid to extend notice for CFMMEU industrial action from three to five days, according to reasons issued by a full Federal Court today.


Redetermine means "to determine the matter again": FWC bench

An FWC full bench has confirmed that redeterminations require the tribunal to contemplate matters afresh, quashing a senior member's orders that would have allowed her to consider just three specified issues and limit evidence in revisiting Alcoa's bid to bin its WA deal.

Conciliators should bow out of arbitration if objections: Bench

In a significant decision on FWC practices, a Commission full bench has made a powerful case for members conciliating a matter to automatically step aside from arbitrating the dispute if a party objects to their continued involvement, obviating the need for recusal hearings.