Browsing: Court and tribunal decisions


CFMEU entry permits to be renewed despite breaches

The Fair Work Commission has said it will renew entry permits for six CFMEU construction and general division organisers who have all been involved in contraventions of industrial laws in the last five years, but has asked for declarations that they have not committed any further indiscretions since their applications were lodged.


ALAEA free to pursue coverage of unlicensed engineers at Qantas

The ALAEA says FWA has cleared the way for it to pursue its bid to change its rules to cover a new category of unlicensed aircraft maintenance engineers at Qantas, after a full bench today rejected an application for orders to stop it representing the workers.


Johns defends FWBC approach to Grocon dispute, as talks set to resume

Fair Work Building and Construction chief executive Leigh Johns has challenged those who say the inspectorate should have intervened in the Grocon Supreme Court proceedings to identify the powers it could have relied upon, while the main players are about to head back for more talks with FWA President, Justice Iain Ross.


Grocon uses video footage to extend injunction

Grocon Constructors has shown the Victorian Supreme Court graphic footage of CFMEU protesters pushing back police horses in Melbourne's CBD this morning in its successful bid to extend a ban on union officials coming within 50 metres of the Emporium site.


Employer not liable in pelvis rubbing case

A tribunal has ordered a man to pay $8000 in compensation to an assembly line worker for sexually harassing him over a period of four months, but their employer escaped liability because it had taken sufficient steps to comply with its policies.


FWA upholds grounding of swearing Qantas flight attendant

A Qantas flight attendant's bad language and agitated behaviour provided grounds for her dismissal, but it might have been different if the conduct had occurred on a building site, FWA has found. 



Two year restraint clause is reasonable: Federal Court

An HR outsourcing company has successfully enforced a two-year restraint provision - with all but three months of that on full pay - against one of its founders, whose ability to attract clients was likened to "sprinkling fairy dust".


Retrenched executive keeps "mistaken" redundancy payment

The Victorian Supreme Court has ruled that a senior employee is not required to re-pay a 12-week redundancy payout that her former employer wanted back after discovering it had no legal obligation to make it.


Big fines for failing to keep employment records for 457 visa workers

Two companies and their directors linked to a Perth café that failed to pay wages for months to three Chinese 457 visa workers, provided no payslips and kept no employment records have been ordered by the Federal Magistrates Court to pay almost $30,000 in penalties.


Court fines company and director for "ham-fisted" abuse of individual flexibility agreements

The Federal Court has fined a company and its managing director $30,000 for signing seven employees up to individual flexibility agreements with unlawful terms and threatening with dismissal or loss of shifts employees who resisted. Meanwhile, the ACTU has predicted that a FWA research study will reveal widespread abuse of the individual deals.


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