Browsing: Case law


Judge puts FWC member on notice over vax views

A Supreme Court judge has slapped down a FWC presidential member's "clarion call" for Australians to "vigorously" reject the notion of mandatory COVID-19 jabs, questioning her assertions about the efficacy of vaccines and declaring it is not her role to challenge the validity or appropriateness of public health orders.


Vax reaction excuses late dismissal claim: FWC

A Filipino worker who relied on her husband to lodge a general protections claim has won more time to file after the FWC accepted his second Pfizer vaccination put him out of action for two days, while the tribunal has granted an extension in another case due to a lawyer's miscounting.


Stand downs shifted COVID-19 economic risks to workers: Paper

The Fair Work Act's stand down provisions enabled employers to shift the pandemic's economic risks to employees, according to new analysis by IR law experts Anthony Forsyth and Andrew Stewart, who also say legal uncertainty about the provisions could imperil the stand down strategies used by companies such as Qantas as business gradually resumes.


Rapid FWC response crucial in COVID-19 survival strategy: Paper

Australia had less need than other countries to turn to legislation to provide short-term workplace flexibility in response to COVID-19 because of "swift" and "bold" yet self-restrained interventions by the FWC, according to new research.



Unregistered unions seek to join anti-mandate case

Two newly-incorporated associations of NSW paramedics and nurses want to join a legal challenge to the State's vaccination mandate for health workers, the NSW Supreme Court heard today.


Anti-mandate workers fail in Gladys subpoena bid

Workers challenging NSW Health Minister Brad Hazzard's ability to force them to be vaccinated have failed to subpoena Premier Gladys Berejiklian for documents she took into account when stating this month that it is "not in our power" to mandate inoculations.


Qantas seeks to delay ruling on outsourced jobs

The Federal Court is expected to rule this morning on a Qantas application to stay its decision on a remedy - including the possibility of reinstatement - for almost 1700 ground crew whose jobs the airline outsourced earlier this year.


Court heads off CFMMEU's subterranean turf bid

The CFMMEU has failed in an interlocutory court bid to enter tunnelling sites at Brisbane's $5 billion Cross River Rail Project, in the midst of a demarcation dispute with the AWU.


Pandemic savings drove outsourcing move: Qantas

Qantas, in its challenge to a crucial recent Federal Court adverse action ruling, says its sole motivation for outsourcing the jobs of about 1700 ground crew was its lawful commercial reason of saving $100 million a year during a global pandemic.


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