Browsing: Judicial review (178 items)


Court throws out FWC bias claim

In a significant finding on the integrity of the workplace umpire, a judge has ruled that a former union organiser and Labor MP rightly decided against recusing herself from hearing a same-job, same-pay application despite having described similar labour hire arrangements as a "rort" in Parliament.


High Court sheds light on redundancy obligations

The High Court has unanimously rejected mining giant Peabody's challenge to a finding that it failed to satisfy workplace laws governing redundancies when not properly considering alternative roles for 22 workers dismissed in 2020, ruling that the FWC was within its rights to delve into options like replacing already-engaged contractors.


Full court unsettles $40M underpayment claim

A full Federal Court has cast doubt over a $40 million underpayments case after ruling that a FWC presidential member and a bench led by president Adam Hatcher failed to properly consider an employer's arguments about the improbability of penalty rates not already being wrapped up in loaded rates paid under two agreements.


FWC bench lights fire under UFU bargaining case

A FWC bench has refused a UFU request to further adjourn its intractable bargaining case with the FRV in an effort to keep the matter "on track" and has scheduled a three-week hearing, 18 months after it became the first vehicle to test the Commission's new deadlock-breaking powers under the Secure Jobs legislation.


Sydney train strike suspension faces challenge

The ETU has lodged an urgent Federal Court bid to challenge FWC orders that suspended industrial action across Sydney's trains network until July, arguing a full bench wrongly treated rail unions as an "undifferentiated whole" and unreasonably advantaged the employers.


We can't quash full bench's "opinion": Full Court

A full Federal Court has taken legislative changes into account in throwing out the UFU's bid to quash a FWC full bench finding no terms had been agreed between the union and Fire Rescue Victoria upon which to base an intractable bargaining workplace determination.


High Court to hear CFMEU takeover challenge in November

The High Court has today agreed to hear in November the challenge by sacked CFMEU construction division officials to the Albanese Government putting it in the hands of an administrator.


Takeover challengers seeking urgent hearing

A High Court challenge launched by ousted leaders of the CFMEU construction division's Queensland branch seeks an urgent hearing to deal with claims the Albanese Government's administration scheme is unconstitutional and intended to gag the division in the lead-up to the next federal election.


High Court asked to consider "genuine" redundancies

Mining giant Peabody has asked the High Court to weigh in on the "critical question" of when redundancies can be considered genuine and the extent of FWC powers to determine how employers might avoid job losses.


Court backs FWC role in case that led to HR manager referral

In a significant judgment on the FWC's powers, a full Federal Court has today dismissed a major hospitality group's claim that a Commission bench exhibited bias when it voiced its concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.


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