Browsing: Court and tribunal decisions | Page 145 (4,552 items)


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.


Newsflash: Court rejects CFMMEU demerger case

The CFMMEU's mining and energy division has again been frustrated in its bid to win independence from the amalgamated union after a full Federal Court today upheld a FWC finding that its application for a ballot of members failed on a threshold issue.


Compensation for "pro-choice" worker awaiting Novavax

An employer must pay compensation to a "pro-choice" worker sacked for missing a COVID-19 vaccination deadline after the FWC found that, unlike a colleague, it failed to afford her a chance to take leave while awaiting the impending approval of the Novavax jab.




Pay members for taking RATs: Union

The ANMF will continue to pursue a nursing home it says should be paying members for the time it takes to perform a COVID-19 Rapid Antigen Test before entering the facility, despite the FWC find it unclear "what possible basis" existed to make such a claim.


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