Browsing: Institutions, tribunals, courts | Page 329 (4,210 items)

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BHP subsidiary's direction not reasonable: Tribunal

In a novel decision on the need to consider alternative duties for incapacitated workers, the FWC has found an agreement clause requiring directions to be reasonable trumped BHP Coal's common law right to refuse to allow a mineworker to perform only part of his job.


AWU commissions review of membership systems

In the lead-up to the AWU wielding its numbers at the ACTU Congress in July, the union has commissioned a "modern membership project" after the Registered Organisations Commission recommended that it undertake an external audit to correct historical discrepancies in its enrolments.


Ombudsman seeking new powers to kneecap repeat offenders

The Fair Work Ombudsman has called for ASIC-style powers to ask a court to disqualify "repeat offenders" from running companies and avoiding backpay and penalties through phoenix company activity.


Never a "true balance" in representation: FWC

The FWC has observed it is "not necessary" to consider whether representation creates unfairness between parties, as a French company was granted permission to engage a lawyer to defend a self-represented employee's unfair dismissal claim.


CFMEU official fined, but spared personal payment order

A court has elected not to impose a personal payment order against a CFMEU official fined $7500 for organising action that severely disrupted a major construction project, despite finding his actions "nothing short of unconscionable".





Rework "confusing" small business dismissal code: FWC

A presidential member of the FWC has prodded legislators to revisit "confusing" aspects of the Small Business Fair Dismissal Code in order to deliver on its promise of speeding parties' progress through the unfair dismissal jurisdiction.


Ombudsman apologises for employer's inspector "mate"

The Fair Work Ombudsman disciplined one of its senior inspectors over his unauthorised participation to help an employer in a conciliation conference convened by the FWC, a new tribunal decision reveals.


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