Browsing: Appeals (863 items)


Courts and FWC differ over sleepover payments

A full Federal Court has confirmed that homecare, disability and social workers should not be paid penalty rates for shifts immediately before or after sleepovers, four months after the FWC made draft award variations that will achieve the opposite.


Pay academics for extra marking duties: Full Court

In a significant judgment on tertiary education sector pay, a full Federal Court has today found that under the academic staff award, a casual lecturer should have been paid for time spent marking assessments not directly related to particular lectures or tutorials.



Member "misread" evidence about racist comments: Bench

A FWC member who ordered a meatworker's reinstatement wrongly discounted as hearsay evidence that he allegedly called his Pacific Islander colleagues "tree apes" and "black c-nts", a full bench has found.


Clarifying dispute result within FWC's powers: Bench

In a significant decision on the FWC's arbitral powers, a full bench has provided further "clarification" of its ruling in a dispute after an employer "disobeyed" its finding that seven workers should be reclassified at a higher level.


MEU offers hand in High Court long service case

The MEU has sought High Court leave to intervene in the Coal LSL 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.


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