Browsing: Appeals


Embassy wins court backing in "immunity cake" case

A Federal Court judge has dealt a blow to three workers' pursuit of an embassy over alleged sham contracts, closely examining the "dignity, immunities and privileges of foreign States under Australian law" before overturning a lower court's rejection of attempts to bin the case.


FWC bench mulls dispute powers

The FWC's power to deal with bargaining disputes extends to undocumented issues and topics merely "raised for discussion", a full bench has found.


Full court overturns ADHD/autism discrimination ruling

A full Federal Court has overturned a ruling that Sydney Trains unlawfully discriminated against a trainee driver it sacked for failing to disclose that she had ADHD and autism, finding a judge relied on a "number of interrelated assumptions" unsupported by evidence.


FWC bench provides guidance on anti-strike orders

A FWC full bench led by president Adam Hatcher has overturned a two-month suspension of ETU strikes against Transgrid, taking the opportunity to lay out the correct approach to assessing safety commitments when considering whether protected industrial action should be stopped or suspended.


High Court douses Hot Wok challenge

The High Court has refused to hear a major hospitality group's challenge to a finding that a FWC bench did not show bias when it raised concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.


High Court gives CFMEU another headache

The High Court has granted the ACCC special leave to challenge the full Federal Court's quashing of a finding that the CFMEU's construction division induced and had knowing involvement in major building company J Hutchinson's unlawful boycott of a non-union waterproofing subcontractor.


"Significant" damage from strikes not just about dollars: Bench

A FWC full bench has clarified what constitutes "significant" damage to the national economy and when an employer can be considered an "important part" of it, in reasons for overturning the suspension of protected action by sugar industry workers.


Classifications "unlikely to have ever made sense": Judge

In a judgment that casts a harsh light on agreement drafting, a Federal Court majority has described crucial elements of a multinational paint company's since superseded deals as a "jumble of random terms", before quashing a finding that six misclassified warehouse workers had been underpaid.


FWC fast-tracks sugar strike ban appeal

Unions locked in the Wilmar Sugar dispute say they have held over an urgent application to stay a ban on protected action, ahead of a FWC full bench appeal on Friday.


"Contractor" documents disguised employment relationship: Bench

In a decision with broad implications for the disability services sector, a care provider has failed to overturn a ruling that a worker who signed two contracts describing her as an independent contractor is in fact an employee capable of suing it for alleged unlawful dismissal.


Page 5 of 84 | Total articles: 836