Browsing: Appeals


"Inconsistency" no basis for new appeal mechanism: Ross

There is "no substance" to the claims of inconsistent FWC decision-making that have underpinned calls for an independent appeal mechanism, according to the tribunal's president, Justice Iain Ross.



NSW wages cap includes super, appeal court rules

The NSW Government has had a victory in its long-running battle to include compulsory superannuation increases within the public sector 2.5% wage cap, after the State's Court of Appeal quashed last year's IRC ruling that the wages cap only applied to Commission-awarded increases.



Xmas party breast-toucher gets job back

A NSW public servant who admitted touching the breasts of five women during a 2012 Christmas party has won his job back after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.


Full bench downgrades CFMEU's Lend Lease entry breaches

A Fair Work Commission full bench has clarified the circumstances in which the tribunal can use its own-motion powers to impose restrictions on unions that have abused their entry rights.


Secondment arrangement akin to labour hire: Bench

A Flinders University analyst who argued that she was dismissed to avoid an investigation of her workplace bullying allegations has failed to convince a Fair Work Commission full bench she should be able to appeal the rejection of her unfair dismissal claim.


Ruling reduces threshold for majority support bids

A Fair Work Commission full bench ruling has opened the door for unions to seek majority support determinations if they are eligible to represent a single employee to be covered by a proposed enterprise agreement.


Employer's changes didn't amount to industrial action: Bench

A Fair Work Commission full bench has held that organisational changes made by employers do not amount to industrial action if they are not motivated by an industrial agenda, in a case involving the compulsory transfer of constables out of three Victoria Police music bands.



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