Browsing: Court and tribunal decisions | Page 359 (4,666 items)


TWU banned from industrial action with alleged "ulterior motive"

The FWC has temporarily restrained a union from taking industrial action after accepting it was not genuinely seeking an agreement when a delegate made the "somewhat unusual" suggestion that the company shift its workers to a labour supply or contracting arrangement managed by him.


Reduction in rostered shifts adds-up to dismissal: Tribunal

An employer that took away most of a pregnant cashier's rostered shifts after $300 in shortfalls has been ordered to compensate her after the FWC ruled that the resultant 75% reduction in her pay amounted to a repudiation of her employment contract.


Coles agreement termination case pushed back in the queue

The FWC today gave a strong signal that it is anxious to bring to a head Coles employee Penny Vickers' bid to terminate the supermarket giant's enterprise agreement, acknowledging criticism that the case had dragged on before granting the night-fill worker an extension to supply supporting documents.



Court sends agreement case upstairs for ruling on 'jurisdiction' v 'power'

A lower court has asked the Federal Court to distinguish between "jurisdiction" and "powers" after wrestling with the question in a case where a union accused an employer of breaching its enterprise agreement and the employer counter-claimed that the agreement was not genuinely agreed.



Court finds potential loophole in entry laws

The ABCC says it is "carefully reviewing" a Federal Court finding that two CFMEU officials who flagrantly disregarded requests to show their entry permits did not breach the Fair Work Act's restrictions on entry to worksites because they were not seeking to exercise their lawful rights.


FWC condemns ski patroller to winters of discontent

The FWC has ruled that a major alpine resort did not dismiss a ski patrol team member who had a "long history" of "discontent" with the workplace when it sent him an email last year notifying him that he wouldn't be re-employed this winter.


Court deflates Scabby the Rat

An Esso contractor has today won a court order to ban unions from using their giant inflatable rat, known as Scabby, from a picket outside the oil giant's Longford processing plant in Gippsland.


Hiatus strips dismissed employee of award protection: Bench

While stopping short of categorising a long-time Esso employee who worked overseas as an on-hire worker, an FWC full bench has found that his failure to secure a "substantive" role with the company on return to Australia meant he could not rely on an industry award to protect him from unfair dismissal.


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