Browsing: Appeals (858 items)


MEU offers hand in High Court long service case

The MEU has sought High Court leave to intervene in the Coal LSL's challenge to a finding that Orica's obligation to make contributions to the scheme on behalf of shotfirers ceased in 2022 when it sold a separate business providing services to underground mines.


Deal handbrake off after delegates' rights settled

The FWC has delivered on its vow to expeditiously insert a far broader delegates' rights term in all awards in response to a full court last month finding its initial attempt "impermissibly confined", a judgment that prompted the Commission to thank parties for their patience because of resultant delays to approval of agreements.


BHP asks High Court to overturn SJSP ruling

BHP's coal mining and in-house labour hire entities are seeking special leave to challenge the Full Federal Court ruling that upheld same-job, same-pay orders the FWC made for the resources titan's Bowen Basin mines.


"Mental confusion" raises questions about resignation: Bench

A wharfie who tried to rescind a resignation he delivered while apparently having paranoid delusions has won a second shot in claiming Hutchison Ports unfairly sacked him, with a full bench finding no reason to ignore the facts that surfaced after his employer accepted it.


Hospital entitled to withhold work ban payment: Bench

In a significant ruling on stand downs, a full bench has upheld a challenge to a hospital's refusal to pay a nurse who declined redeployment to another ward due to a work ban, but found on redetermination that the employer was otherwise entitled to withhold payment.


"Lawyer" gets second referral to regulator

An underpaying café owner who claims to hold a law degree has for the second time run afoul of a court during proceedings involving the FWO, with a judge deciding to again refer her to a legal profession regulator after finding it "difficult to reconcile" her supposed qualifications with the tenor of her oral and written submissions.


HR manager not denied chance to give evidence: Bench

A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.


Majority rejects "light touch" approach

A FWC full bench majority has quashed a member's refusal to grant an intractable bargaining declaration for highly-paid deputies at a NSW coal mine, finding he wrongly considered that the tribunal's arbitration powers must not be "lightly engaged".


Misconduct found after "mistaken departure" from standards

A government department has won an appeal against a finding that a QNMU delegate's decision to send confidential patient information to her home email during a dispute with her unit manager did not constitute misconduct because she did not "deliberately" breach accepted standards.


Aldi deal test case to proceed

A FWC presidential member has refused an Aldi bid to stay the FWC's first use of powers to unilaterally amend proposed agreements, observing that while the retailer has arguable appeal grounds, a bench should have the chance to weigh a final decision rather than risk the prospect of multiple intervening challenges.


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