Browsing: Court and tribunal decisions | Page 190 (4,551 items)


Driving forklift for 95% of time does not make a forklift driver: FWC

The CFMMEU has lost its bid for orders requiring Dulux to bargain with it on behalf of warehouse workers after the FWC found a delegate who spends all but a few hours of his working week operating forklifts is not a forklift driver for the purpose of its eligibility rules.



"Gender-critical" beliefs protected: UK employment tribunal

A UK employment tribunal will consider whether an international think tank discriminated against a visiting fellow because of her "gender critical" views, including that trans women are male, after an appeal bench found she held protected beliefs.


Ruling wrongly forgives CFMMEU's "failures of oversight": Dissenter

An FWC full bench majority has quashed the approval of a construction agreement containing substandard summertime working time arrangements, but the minority says the CFMMEU should have been denied the leave it sought to overcome its "avoidable error" in failing to object when the Commission initially considered the deal.


Bluescope wins discrimination exemption to drive gender equality

Steel giant Bluescope has won a three-year exemption to prioritise the recruitment of women at its Mornington Peninsula manufacturing facility, to address a persistent gender imbalance and an unequal distribution of "power, resources and opportunity" in its community.


FWC decries "unedifying" motivation in seniority case

The FWC has avoided "unconscionable injustice" to a female Qantas pilot, finding it lacked the power to deal with colleagues' belated challenge to her seniority during a COVID-19-driven "every man for themselves" scramble for the lifeboats.


Drink-driving unrelated to rail operator's job, FWC rules

In an important out-of-hours conduct ruling, the FWC has reinstated a veteran train driver sacked after he told his employer that he faced possible imprisonment for blowing four times over the blood alcohol limit when police breath-tested him on the road.


Sacking cancer-stricken worker adverse action: Court

A diamond retailer held to have sacked a sales manager diagnosed with breast cancer because she planned to take leave to recover from surgery is facing penalties and a compensation bill in the Federal Circuit Court.


Court backs docking pay for "make-safe" actions

An employer rightly deducted 12 hours' pay from mineworkers who took as little as five minutes to secure their machinery and make it safe in preparation for protected action on five occasions across three days, the Federal Court has held.


DHL stops delegates passing company "secrets" to UWU

In a novel use of the Corporations Act in an IR setting, logistics company DHL has secured an urgent interlocutory injunction to stop the UWU procuring alleged confidential information from about 60 shop stewards that might have given it a significant advantage in enterprise negotiations underway across the company's sites.


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