Browsing: Judicial review (176 items)


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.


Federal Court full bench sets out redundancy rules

A full Federal Court has clarified the extent to which employers must investigate alternative roles for workers caught up in restructures, finding that a mining company had an obligation to assess whether employees could replace already-engaged contractors before making them redundant.


Police commissioner's vax mandate unlawful: Court

Queensland's departing police commissioner failed to properly consider the human rights implications of two ultimately unlawful vaccination mandates issued at the height of the COVID-19 pandemic, a Supreme Court review has found.


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