Browsing: Court and tribunal decisions | Page 121 (4,317 items)


Workers on $170K not "guaranteed" high income: Court

A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.


Newsflash: Finding that Deliveroo rider an employee quashed

In a significant decision on the employment status of gig workers, a FWC full bench has quashed a ruling that Deliveroo delivery rider Diego Franco was an employee entitled to protection from unfair dismissal.


FWC tosses out union-excluding employer's axe bid

The FWC has refused to terminate the agreement of an employer that led the AWU to believe it would negotiate a replacement deal while moving in the background to bin it, finding it had not been prompted by an organiser calling its bargaining representative a sad "tosser" who lacked any humanity.


BHP's final warning to union official unreasonable: FWC

A senior FWC member has found it understandable that a longstanding CFMMEU delegate believed BHP Coal was out to "get" him when it issued him a final warning for using the word "c--t".


Managers, HR team face blowtorch over contentious deal

A hospitality company's managers are facing possible orders to appear before a FWC bench and explain why they are listed as having voted up a subsidiary's contentious deal, along with a HR chief who sparked concerns that he might have lied on the application form.


Tech start-up advisor an employee, FWC rules

In an important decision holding that a largely unpaid advisor was a tech start-up's employee rather than an independent contractor, the FWC has relied on the in-principle acceptance of his "far from comprehensive" proposal and the way in which the contract was performed.


FWC knocks back Shell bid to cool bargaining dispute

Shell Australia has after failing in its bid to suspend protected action on its Prelude floating LNG platform decided to delay major maintenance work on the northern WA facility for almost a year.


Multinational's "disrupter" lament fails to seal deal

A multinational company's lament about competing against "market disrupters" who treat workers as independent contractors has failed to distract the FWC from finding its proposed agreement failed the BOOT.


"Remedial" training for union officials unnecessary: Court

A court has fined a CFMMEU official almost $9000, but has attached little weight to "remedial" training he undertook after the ABCC charged him with preventing a concrete pour, saying it should not be necessary for someone in his role.


Variable TOIL excluded from cap calculations: FWC

The FWC has found that unpredictable time in lieu should not be counted when determining whether a worker is excluded from making an unfair dismissal claim because their remuneration exceeds the statutory threshold.


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