In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.
A presidential member denied an unfair dismissal applicant a fair hearing when he threw out his case for want of prosecution without a formal request from the employer, a FWC full bench has ruled.
The High Court has today granted a CFMMEU bid for special leave to appeal a full Federal Court ruling that a building worker engaged by labour hire company Personnel Contracting was an independent contractor.
The High Court has today granted special leave for an employer to challenge a court finding that two truck drivers who worked exclusively for a multinational for almost 40 years had an entitlement to unpaid leave and superannuation entitlements.
A judge who took exception to a business being liquidated during an underpayment case was entitled to impose heavier penalties on the owners than sought by the FWO, an appeal court has found.
In a significant decision on calculating compensation for unfairly dismissed workers, an FWC bench has concluded that a presidential member failed to properly account for JobSeeker payments or fully articulate the reasoning behind her final figure.
In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.
A full Federal Court majority has rejected an attempt to reel in costs awarded against two NRL player representatives found to have poached clients from their previous employer.
An FWC full bench has found that a presidential member "Illogically" followed his ruling that a worker might not have been dismissed if fairly treated by calculating he would have worked just three more weeks if afforded due process.
