Browsing: Court and tribunal decisions | Page 4 (4,720 items)


First coal loader staff deal closer after MSD upheld

A FWC full bench has refused BHP permission to challenge a majority support determination that clears the way for the Collieries Staff and Officials Association to negotiate for the first time a deal covering supervisors and coordinators at the Hay Point Coal Terminal.


Train operator off-track for strike notice change: FWC

A senior FWC member has affirmed that the statutory focus when considering whether "exceptional" circumstances exist to justify more notice for strikes is not on an employer's operations but on the proposed industrial action itself, rejecting Sydney's driverless train network's plea for extra warning.


Qantas not allowed to clip engineers' wings: FWC

Qantas breached the job security clause in its licensed engineers agreement when it unilaterally removed aircraft towing duties comprising at least 25% of their current workload, the FWC has found.


Disclose more rather than less in permit bids: FWC

In decisions confirming a need to err on the side of disclosure when seeking right-of-entry permits, the FWC has clarified that spent convictions or dismissed offences must be revealed and those quashed on appeal are treated as if they never occurred.


Gig workers' uber-late AI-aided cases thrown out

Uber and Uber Eats gig workers who appear to have used generative AI to challenge their deactivations have failed to win extra time to pursue unfair dismissal applications they lodged five to seven years late.


Bench sharpens understanding of redundancy obligations

A FWC full bench has affirmed that small businesses have the same obligations as large employers when consulting over redundancies, throwing out a tile importer's appeal against orders to pay more than $30,000 to a former sales representative.


"Emotional" history not relevant to resignation: FWC

The FWC has rejected a manager's general protections dismissal dispute claim after finding that she waited too long to withdraw a resignation supposedly given "in a state of distress" and holding that the employer's knowledge of her tendency "to make 'emotional' decisions" had no relevance.


Mentoring needs justified flex request denial: FWC

A council's desire to have a senior planning team member pass on his wisdom in-person provided reasonable business grounds to refuse his request to work at home for all but six days a month, the FWC has found.


Hansard extracts had no place in bias ruling: Full court

In a significant ruling on parliamentary privilege, a full Federal Court has found that Hansard extracts should not have been used to support a bias claim against a Labor politician-turned-FWC-member weighing same-job, same-pay orders.


Neurodiverse worker's fate part of "unforgiving trend"

A 20-seconds late FWC lodgement has been fatal for a worker who claimed her employer discriminated against her when it dismissed her for refusing to undergo an independent medical examination after she disclosed her neurodiversity.


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