Browsing: Appeals | Page 3 (841 items)


Uni workload cap not a "soft" limit: Bench

In a significant breakthrough for a NTEU excessive workloads case, a FWC full bench has found a university could have breached its agreement by allocating tasks to academics they could not reasonably complete within full-time hours, but it is questioning what, if any, relief would be available.


"In-principle" settlement not the end of the matter: Full bench

A FWC full bench has overturned a commissioner's decision to "unilaterally" and without warning "administratively close" a general protections claim based on his incorrect belief that the parties had reached a settlement.


FWC member "precipitously" binned case: Bench

A FWC full bench has found a presidential member denied two workers procedural fairness when he took the "precipitous step" of dismissing their general protections applications before they received his email warning he might do so because of their failure to lodge submissions in reply.


Funding changes not driven by demerger attempt: Full court

The continuing power struggle between the RTBU's Victorian branch and the leadership of its locomotive division has again played out in court, division secretary Paris Jolly failing on appeal to prove that the union took adverse action against him because of an unsuccessful demerger attempt.



High Court to hear genuine redundancy case next month

The High Court will next month begin hearing mining giant Peabody's challenge to a full Federal Court finding that it did not genuinely make workers redundant when it failed to consider whether it could redeploy workers to jobs performed by contractors.


UFU hit with costs after challenge goes up in smoke

The UFU has been ordered to pay indemnity costs to Fire Rescue Victoria after a full Federal Court found that its challenge to FWC production orders was both "misconceived" and doomed in the face of binding authorities.


Bench backs sacking of meth-taking wharfie

A FWC full bench has refused to overturn the dismissal of a worker in a safety-critical role, upholding a member's finding that the seriousness of the worker's three positive drug tests outweighed procedural shortcomings.


FWC has no place tweaking approved deal: Full court

A full Federal Court has quashed a first-of-its-kind FWC full bench majority finding that the tribunal has the power to make a workplace determination on contested bargaining matters after an agreement has already won approval.


Bench weighs in on "inadvertent" policy breaches

Virgin Australia has failed to reverse the reinstatement of a flight attendant sacked for drinking a glass of prosecco within eight hours of a shift, and further accused of breaching its fatigue management policy by having s-x after requesting a shift change due to tiredness.


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