The Federal Court has tossed out a challenge to an FWC full bench decision, describing confidence in the administration of justice as a "significant factor" in finding Energy Australia's case an abuse of process.
The majority of a full High Court has today found that parts of Tasmania's laws against workplace protests in forestry and related areas are invalid because they offend the Constitution's implied freedom of political communication.
An FWC full bench has granted permission to appeal the sacking by resources giant FMG of an employee just one week into a six-week performance improvement plan (PIP), but has cautioned against interpreting its ruling as suggesting that employers must always see such processes through to the end.
The High Court has this morning refused a CFMEU bid for special leave to challenge a full Federal Court majority ruling that increased penalties twelve-fold after after accepting that it could not treat a "lawful request" or a party's motivation for taking coercive industrial action as a mitigating factor when determining fines.
The High Court has reserved judgment after this week hearing regional airline Rex's challenge to a union's entitlement to represent the industrial interests of eligible non-members as it pursues an adverse action claim on behalf of cadet pilots and prospective employees.
The High Court has reserved its decision on parallel appeals by Esso and the AWU questioning what constitutes a breach of bargaining orders and whether a breach during bargaining means future protected action is not possible.
In a case likely to have ramifications for hundreds of existing enterprise deals, the High Court has reserved its decision in Aldi's appeal against a decision knocking out a controversial agreement on the basis it was agreed by prospective employees not yet covered by it.
An inspector sacked by the ABCC for failing to disclose criminal and disciplinary proceedings when he was a police officer must pay $25,000 security to challenge a court's rejection of his bid for a judicial review.
The AAT has confirmed it has no flexibility to extend Fair Entitlement Guarantee deadlines, knocking back a claim lodged two days after the prescribed 12-month limit.
