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786 articles are classified in All Articles > Legal > Appeals


Bench shaves $48K off CFMMEU penalties over double dip

In a significant ruling on how Fair Work Act breaches are to be assessed, a Federal Court full bench has invoked double jeopardy principles to strip $48,000 off penalties awarded against the CFMMEU and one of its organisers.

IR class action funder challenges costs security order

The litigation funder behind a swathe of casuals class actions is challenging a requirement to cough up more than $3 million in security for the potential costs of two of them, arguing it would set a higher bar for employment-related class actions and eat into workers' returns.

Bench hears new push to find employment relationship at Uber

A former Uber Eats worker is today seeking to convince an FWC full bench that she is an employee because the gig economy giant exercised "practical control" over her, as it began hearing her bid to overturn an earlier ruling.

Super-union debuts; Bench scuttles offshore deal; & more

NUW deregistered, UWU out of the blocks; Wrong rate claim sinks offshore deal, Bench rules; Google no answer to getting dismissal right; and Cop's bid for early long service leave rejected.


Employer body denied refund of millions in payroll tax

A peak employer body has lost a lengthy battle to reclaim millions of dollars in payroll tax on the basis of its charity status, a court finding the network's model "primarily focused on serving the self-interest of its members" rather than promoting a stronger economy for everyone.

Employer seeks full court test of consultation obligations

A shipping company facing multiple challenges to alleged redundancies is seeking to quash an FWC full bench finding that a model consultation term does not override obligations under its agreement.

Employer's underpayment hit doubled for missing paperwork

In a decision reinforcing the need for employers to maintain timesheets, a court has more than doubled the restitution a family-run business must make despite questions of credibility about the sponsored couple claiming underpayments.

Union to appeal dismissal over Hitler parody video

The AWU will argue that a senior FWC member failed to factor in the "true nature and effect" of a BP technician's Hitler parody video in its appeal against her decision upholding his sacking.

Oil giant maintains push to axe deal

Esso Australia is appealing the FWC's refusal to terminate the agreement for its Bass Strait oil and gas operations, arguing the tribunal denied it procedural fairness.