Browsing: Case law | Page 4 (460 items)


Worker fined $9K for "dead dog" threat

The Federal Court has slugged a wharfie almost $10,000 for telling a colleague "You'll end up dead dog" if he kept escorting on-hire workers through a lawful picket during a strike at Fremantle port in 2021.


Tribunal uses rare power to suspend ETU strikes

The FWC has granted a rare order to suspend protected industrial action already under way due to its effect on a third party, finding ETU work bans would result in a 12-month delay to a key element of Queensland's $7 billion Cross River Rail project.


Insufficient evidence to halt strikes: FWC

A senior FWC member has unflatteringly compared a past NSW government's successful application to avert rail strikes with the sparse evidence provided by the Crisafulli Government in last week's failed bid to suspend similar industrial action in Queensland.


No interest in RBA decision suppression bid

A senior RBA employee appealing a failed backpay claim has also now had his bid for suppression of significant details of the FWC's decision rejected by a presidential member who observed that such applications should not be used to "qualify or recast" the tribunal's reasoning.


Lockout response to strikes within rules: FWC

The ETU has failed to halt a lockout it claimed a company unlawfully initiated in response to safety inspections at a major NSW workshop, with the FWC finding the employer gave ample warning it would close the gates if workers went on strike.


HR-avoiding worker not entitled to pay: FWC

The RBA had no obligation to pay a senior employee during a seven-month period when he claimed to be "ready and willing" to work as long as it did not involve consecutive days, "high stress" assignments or meeting with HR, the FWC has found.


On-hire worker out in cold after BHP's direct hiring

The FWC has rejected the unfair dismissal claim of a Workpac on-hire trades assistant shunted from a BHP Coal mine while on approved leave, finding it a redundancy regardless of whether the host engaged someone else in the role.


CFMEU "don't know" defence doesn't cut it: Judge

A judge has refused to accept the CFMEU's claim that it can't admit to entry right breaches at a major project because "it does not know", pointing to the union's "cursory" efforts to scrutinise body-worn camera footage from its own officials.


Book shops retaliated against striking workers: RAFFWU

RAFFWU is accusing Berkelouw and Harry Hartog bookstores in a Federal Court case of taking unlawful retaliatory adverse action against its members after they took protected industrial action while bargaining to replace a long-expired deal.


Watchdog's "model" conduct not a factor in costs: Court

The FWO's alleged failure to meet the "high standard" expected of model litigants is not a factor to be weighed when deciding whether to impose costs orders, the Federal Court ruled today.


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