Browsing: Court and tribunal decisions | Page 338 (4,283 items)


BlueScope change consultation not fair, genuine: FWC

The Fair Work Commission has ordered BlueScope Steel to consult with a group of maintenance workers at its Port Kembla steelworks, after finding it failed to comply with the terms of a landmark 2015 enterprise agreement that reduced wages and reformed work practices to keep the plant open.


FWC permits ABCC to rely on evidence of CFMEU pattern of conduct

The FWC will allow the ABCC to include material the CFMEU claims is prejudicial in its application to axe the entry permits of three officials who allegedly abused their rights when they visited Lend Lease sites in 2014.



Sacked employee on overseas assignments not labour hire: court

The FWC has rejected an employer's jurisdictional objections to hearing the dismissal appeal of an employee over the high-income cap who worked on overseas assignments, finding that while he fell outside the enterprise agreement he was covered by the industry award.


Ex parte communications sink agreement

An FWC full bench has highlighted the limits of permissible ex parte communication between parties to agreements and tribunal members, in a ruling in which it found that such exchanges denied procedural fairness to the union objecting to a deal's approval.


FWC approves agreement with detrimental suspension clause

The FWC has approved a new agreement that permits poultry giant Inghams to suspend workers without pay for up to three days during investigations into misconduct, after it found any detriment when compared with the award is outweighed by the deal's benefits.


Record fine over cash-back scheme a "big blow" against exploitation: FWO

As a court fines a regional café more than $500,000 for exploiting overseas workers and the FWO pursues two other cafes for unlawful "cash-back" schemes, Ombudsman Natalie James has welcomed the Federal Government's commitment to introducing laws to prohibit such arrangements.


Denying job to arthritis sufferer was adverse action: Court

A court has found the Federal Police took adverse action by refusing to employ a candidate because of his arthritis, but its refusal to reverse the decision after a review was lawful because it was based on the inherent requirements of the position.


Court rejects claim that employer agreed to remove restraints

A court has temporarily restrained a business development manager, accused of stealing her employer's "trade secrets", from continuing to operate her own enterprise despite her claims that the employer agreed to remove restrictions on her before she resigned.


Decade-long restraint reasonable: Interlocutory ruling

The WA Supreme Court has temporarily barred an engineer with highly-specialised skills from working with any competitors in the state after finding reasonable a 10-year restraint clause.


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