Browsing: Appeals | Page 5 (841 items)


"Acquiescent conduct" sufficient to prove unlawful boycott: ACCC

The ACCC has told the High Court that if a full court's ruling on alleged anti-competitive conduct by the CFMEU is allowed to stand, unions will be able pressure businesses into boycotting goods or service suppliers so long as the threatened corporation does not expressly confirm its collusion.


FWC bench weighs in on workplace "impairment"

A FWC full bench has upheld the reinstatement of a Sydney Trains employee found to have traces of cocaine in his system, despite ruling that a senior member wrongly concluded that employers need to establish workers who fail drug and alcohol tests are at risk of being "impaired" before sacking them.


Full court offers no safe harbour for Qube

A full Federal Court has found Qube Ports lacked standing to retrospectively vary expired agreements, clearing the way for the CFMEU's maritime division to pursue the stevedoring giant for millions in allegedly wrongly-deducted "gap" payments from up to 1000 wharfies' remuneration.


Decision-maker uncertainty fatal to adverse action defence: Court

In a case highlighting the need for employers to precisely identify decision-makers when defending adverse action matters, the Federal Court has expanded an academic's claim after accepting that a judge failed to "isolate" who at a leading university was responsible for making allegations of serious misconduct.


Sole bargaining meeting no reason to deny PABO: FWC bench

In a significant ruling on what constitutes a "genuine" effort to reach agreement while bargaining, a FWC full bench has upheld a member's decision to grant a PABO to a union, despite it having met with the employer only once by the time its application came before the tribunal.


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.


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