A FWC full bench has held that a worker's inclusion of s-xual harassment allegations predating the commencement of new intervention powers did not justify dismissing her dispute application, allowing her to again pursue a certificate to take her claims to the Federal Court.
A FWC full bench has ruled that Corrections Victoria dismissed a prison officer when it demoted and transferred him, clearing the way for him to proceed with his unfair dismissal claim.
Supermarket giant Aldi has failed to overturn the approval of three warehousing agreements that provided the first test of new Fair Work Act provisions giving the FWC powers to amend deals that fail the BOOT.
The FWC should only dismiss an anti-bullying application at a preliminary stage if the absence of a future risk is clear, a FWC full bench has found in upholding the appeal of a worker on extended sick leave.
A FWC full bench has quashed a finding that the ACT's education department unfairly sacked a teacher who crossed boundaries with students, including by messaging them and providing lifts, remitting the case to another member for redetermination.
A Federal Court majority has quashed a finding that the Black Coal Award requires BHP's Operations Services in-house labour hire arm to give its workforce two common public holidays off each year, and to cap shifts at 10 hours unless most employees agree to additional hours at overtime rates.
A court has upheld a finding that an energy company must pay portable long service leave charges for its maintenance employees at a Victorian power plant, because they are performing work in the "construction industry".
A contentious random drug and alcohol testing regime can go ahead at Opal Packaging after a full Federal Court found both employer and union erred and in turn led the primary judge astray by focusing on who benefited from a requirement that the "status quo remain" in their dispute resolution procedure, while ignoring the rest of the clause.
The NSW Court of Appeal has overturned orders blocking a law firm from acting for a rival practice's former employed solicitor, in a decision finding that information imparted while training and mentoring a junior lawyer did not justify a restraint on his future employer.
A senior FWC member should not have discounted a doctor's evidence that a worker possessed the "sound mind" required to understand the consequences of his resignation, a full bench has found.
