Browsing: Appeals


"Brutal" humiliation of worker did not warrant sacking: Bench

In a significant decision on whether a sacking can be unfair even when objectively justified, a FWC full bench has thrown a lifeline to a highly-regarded Parks Victoria employee facing the axe after "brutally" humiliating a worker at an on-site café.




Mineworker monitors cleared to bargain

A FWC bench has granted the MEU a majority support determination for officers at a Glencore monitoring centre after quashing findings that they are excluded by union rules suggesting they are linked to a defunct association said to have evolved into Professionals Australia.


Sub-award deal creates unfair bargaining position: SDA

The SDA is challenging what it says is the FWC's failure to immediately terminate a long-expired substandard agreement, arguing that it did not properly consider the unfairness to workers when it allowed the deal to continue to operate for a further three months.


FWC member should have heeded union's concerns: Bench

A FWC bench has emphasised the tribunal's need to properly scrutinise proposed agreements in finding that a senior tribunal member failed to follow principles of open justice when refusing to provide a union with the names of applicants for a mining services deal ultimately found to be a sham.


Court increases builder's entry-blocking fines

A Canberra contractor that blocked CFMEU officials from investigating safety issues has been hit with higher penalties after conceding that a judge mistakenly bundled obstruction and misrepresentation breaches together when determining fines.


Council loses medicinal cannabis appeal

A FWC full bench has reinforced that a member did not expressly condemn using medicinal marijuana for pain management in a safety-critical role because it was not relevant to considering whether a council harshly sacked a worker who switched prescriptions to one containing THC.


Orica outside portable LSL scheme: Full court

A full Federal Court majority has found that Orica is not obliged to make contributions to the black coal mining sector's portable long service leave scheme for its shotfirers, while Justice Adam Hatcher has demurred.


Mentoring all part of the job: Court

The Federal Court has rescinded a windfall for three emergency-call operators who stood to be reimbursed for years of unpaid mentoring allowances, after determining a lower court failed to account for training payments already made under the governing agreements.


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