Browsing: Jurisdiction | Page 327 (7,707 items)

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Executive ruling on coverage would breach CFMMEU rules: Judge

The Federal Court has found it strongly arguable that the CFMMEU's national executive would have contravened the union's rules if it determined a coverage dispute between the construction and mining divisions at a national executive meeting that was to be held today, while construction division leader Dave Noonan probably has not been validly elected as national secretary of the broader union.


CFMMEU mining division wins injunction to stymie executive meeting

The Federal Court has this morning issued an injunction to stymie the agenda for a CFMMEU national executive meeting that was to begin this afternoon, after the union's mining and energy division claimed that if it proceeded the construction and general division would start poaching its members.


Full court's "unduly narrow" interpretation is wrong: Porter

IR Minister Christian Porter has told the High Court that a Federal Court bench "erred" when it concluded that labour hire company Workpac could not rely on a legislative provision to offset loadings paid to the worker at the centre of a landmark case on casual leave entitlements.


Pilots' union spreads its wings

The AFAP has regained the right to represent all mainline Qantas pilots after the FWC dismissed objections from the Flying Kangaroo and AIPA that it will create disharmony, inefficiency and a two-tiered system at an already challenging time.



Redundancy about rating, not union links: Opera Australia

A veteran musician accusing Opera Australia of using the pandemic as an excuse to weed out union activists was selected for redundancy after a panel of "experienced employees" ranked him below its orchestra's two other oboe players, according to the company's Federal Circuit Court response.


FWC's arbitral powers maintained under inherited deal: Full court

In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.


Workers' comp "joke" no basis for sacking: Tribunal

The FWC has lambasted an employer over the "unconscionable" sacking of a casual who said he was just joking about making a workers' compensation claim after a COVID-19 related standdown, ordering compensation equal to 24 weeks of JobKeeper.


No costs security for challenge to bushfire recovery sacking

A Laing O'Rourke manager charged with overseeing the NSW Government's bushfire clean-up program has fought off a $150,000 costs security order as he challenges his summary sacking for allegedly intimidating property owners while partying during the recovery effort.


Lawyer tried to "milk a penalty" in recusal hearing: Boyce

In a decision meticulously examining notions of bias, a FWC presidential member has declined to recuse himself at the same time as taking a swing at a lawyer arguing he breached a "golden rule" by privately communicating with a party seeking anti-bullying orders.


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