Browsing: Appeals


High bar to challenging witness evidence: Full court

A full Federal Court has rejected a paramedic's attempt to overturn a finding that he was dismissed because of his aggressive behaviour towards management rather than because he exercised his workplace rights to complain about his job.


Court upholds majority support order bid at Resmed

The AMWU has fought off another challenge to its representation of workers at a high-tech respiratory equipment manufacturer, after the Federal Court upheld the Fair Work Commission's power to issue a majority support determination.


Full bench upholds "no bullying" finding

A senior public servant has lost his challenge to a Fair Work Commission finding that his department was performance-managing rather than bullying him.


Full bench knocks back BOOT appraisal

An FWC full bench has emphasised that the tribunal should take a "global" rather than "line by line" approach when applying the better off overall test to agreements, while in another ruling the Commission has approved a deal with employer undertakings, despite union misgivings that it was originally voted up by only three employees who have since left the company.


Bench upholds orders for Glencore Xstrata to produce documents

A Fair Work Commission full bench has rejected Glencore Xstrata's challenge to orders requiring the company to provide the tribunal with documents relating to its staffing decisions last year at its Collinsville open cut coal mine.



High Court to hear Boral case today

The High Court will today hear the CFMEU's argument that Boral can't use court discovery processes to force the union to produce documents that might expose it to punishment for contempt for allegedly defying injunctions on Victoria's Regional Rail project.


Full court finds Government's offshore exclusion invalid

A full Federal Court has struck down the Coalition's attempt to exclude foreign workers on offshore resources projects from Australian labour standards, throwing their employment status into doubt.


Beans or peas? Court finds Odco-contractors are employees

A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.


Reinstatement must be unconditional: Full bench

In its first full bench examination of the Fair Work Act's reinstatement provisions, the FWC has ruled it has no power to attach conditions to orders returning dismissed workers to their jobs.


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