Browsing: Courts | Page 93 (1,027 items)


CFMEU's "power" play fails to impress court as $540,000 in fines stand

A full Federal Court has described as "astounding" a CFMEU argument that it should not be held liable for organisers' unauthorised entries to building sites because the alleged contraventions should be viewed as an exercise of "power", rather than of a "right" defined by the Fair Work Act.



Discrimination case turns on voiced concerns, not "state of mind": Bench

As the Crown continues its pursuit of a Victorian employer charged with discriminating against employees who raised safety issues, Victoria's Court of Appeal has found that, as a question of law, it must prove only that the concerns were expressed rather than address the workers' "state of mind" at the time.


Come back with a lawyer, says Federal Court

The Federal Court has refused an application by a company to be represented by its operations manager rather than a lawyer, ruling that the manager lacked "the necessary degree of objectivity and skill" required to conduct the case.


Aggrieved parties still circling MUA over bans on Sydney docks

The prospect of Qube Logistics and Patrick Stevedores pursuing the MUA over bans on loading and unloading containers at Port Botany remains alive despite the companies' failure to start proceedings during a Federal Court hearing this morning.



US state law invoked in successful restraint case

The WA Supreme Court has tested how an employment agreement stacks up under US state law before granting an American company an interlocutory injunction restraining a former Australian employee from working for his new Perth employer.


United Voice to seek judicial review of penalty rates ruling

Business groups have told the FWC that it is prohibited from varying or revoking its decision to cut Sunday and public holiday penalty rates and have slammed United Voice over its call for the case to be immediately concluded so that it can launch a judicial review.



Senate composition in flux again after Day ruling

The High Court today confirmed the Turnbull Government's loss of a crucial workplace legislation vote in the Upper House when it ruled that former Family First Senator Bob Day was ineligible to take his seat due to an indirect pecuniary interest.


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