Browsing: Appeals


Undermining of collective bargaining not FWC's concern: Court

The Federal Court has held that the Fair Work Commission can't refuse to approve agreements because they would undermine collective bargaining, in the latest ruling on the John Holland deal covering just three workers.


Tracey loses battle to renew permit

MUA WA branch assistant secretary Will Tracey has lost his challenge to the Fair Work Commission's decision last year to refuse him a federal entry permit because he didn't meet the "fit and proper person" test.


Regular overtime should be counted as income: Full bench

In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.


No mistakes in doctor reinstatement ruling, tribunal bench finds

In a long-running case with numerous twists and turns, an unfairly dismissed anaesthetist has again failed to win his job back after a Fair Work Commission full bench ruled there were no errors in Deputy President Val Gostencnik's decision that Barwon Health's loss of trust and confidence in him made reinstatement inappropriate.


FWC bench backs sacking of social media policy objector

A warehouse worker who claimed Linfox's social media rules infringed his "freedom of speech" has failed to overturn a ruling that his dismissal for repeated disregard of the company's policies was not unfair.


Appeal court upholds $1.6m payout to sales director

A finance company has failed to overturn an order to pay $1.6m in damages to a sales director it initially dismissed on notice and then purported to summarily sack for allegedly sexually harassing a subordinate.


FWC's bad form was unjust for dismissed worker: Bench

A FWC full bench has cited insufficient clarity in the tribunal's unfair dismissal and adverse action claim forms as one of the reasons for upholding an appeal by a dismissed employee.


Bench makes important ruling on legal representation

A Fair Work Commissioner was wrong to give the Tax Office permission to be represented by a solicitor but not a barrister, but a full bench has denied the NSW Bar Association leave to appeal against the representation ruling because the ATO admitted it did not adversely affect its case.


Director partly successful in AWA accessory appeal

In another chapter of a long-running case involving a botched attempt to lodge AWAs, a former company director will have the penalty for her role in short-changing 33 call centre workers reduced after the Federal Court cut in half the period in which she was liable as an accessory to her company's breaches.


Meat deal boned after bench finds approval errors

A Fair Work Commission full bench has ruled that only employees who will immediately be covered by an enterprise agreement are entitled to vote on its approval, not employees who are likely to be covered in the future.


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