Court and tribunal decisions page 1 of 204

2031 articles are classified in All Articles > Legal > Court and tribunal decisions


"Emboldened" CFMMEU deserves no penalty discounts: Judge

A judge has today accepted the ABCC's view that the construction union's lengthy rap sheet should influence the penalty for a relatively minor breach, but has declined to impose a personal payment order on the official involved.

Added NERR wording coloured agreement process: FWC

The FWC has rejected a massage therapists' deal on the basis that extra wording in a preamble and at the end of the representational rights notice might have affected employees' interpretation and detracted from key messages.

Unions' vegetarian meals-only claim genuine bargaining: FWC

Sodexo's circuitous journey to a new offshore deal has taken another turn after the FWC gave unions the go-ahead to conduct a strike ballot despite arguments that a claim for workers to be provided only vegetarian meals showed they were not bargaining genuinely.

Full court carpets Ross over "no decision at all"

A full Federal Court has delivered a pointed rebuke to FWC President Iain Ross, finding it could not consider a challenge to the decision of a Commission full bench he led because it was not, "with respect, any decision. . . at all".

Combination of five factors adds up to exceptional circumstances: FWC

The FWC has granted a two-day extension for an aged care worker to file her unlawful dismissal claim after finding the combined circumstances - including the Christmas Eve deadline, her worsening bipolar disorder symptoms and the anniversary of her mother's death - to be exceptional.

FWC upholds ejection of remorseless buttock-tapper

The FWC has upheld Star Casino's sacking of a food and beverage server who said he tapped a colleague's bottom in an act of comradery, accused three workmates of entrapping him and threatened to "raise hell" for his employer.

"Sloppy" wording helps sink scope order application

The FWC has refused the RTBU's bid for a scope order so that it can negotiate separate agreements for Australian Rail Track Corporation's operational employees and their office-based colleagues, finding that even if it could ignore "sloppy" position descriptions in the application, a carve-out would not improve bargaining.

Manager's assault claim in gold hotpants case rejected

In a decision contemplating the extent to which pleadings can be changed during proceedings, an appeal court has refused a manager's last-minute bid to claim he was assaulted by co-workers when "impelled" to perform in gold hotpants during a company conference.

Employer's blood-alcohol limit change "impermissible"

A tribunal has upended a large transport company's "unilateral" decision to change to zero its blood alcohol policy limit for contracted owner-drivers, finding a toolbox meeting and noticeboard postings did not meet the governing agreement's consultation requirements.

Glazier's dismissal ruling lacked reflection: Bench

An FWC member must rehear the unfair dismissal claim of a glazier sacked for frequent absences following surgery, a full bench finding he failed to consider whether the employer notified the worker of reasons later found to be valid or gave him a chance to respond.