The High Court will next Friday hear special leave applications from WorkSafe Victoria and a CFMEU official who are challenging a full Federal Court finding that he needed a federal entry permit to assist a health and safety representative when invited onto a construction site.
An FWC member denied a sacked worker an opportunity to re-open his case when she failed to forward to him a crucial psychologist's report her chambers received hours after the hearing concluded, a full bench has found.
A rail employee denied reinstatement in part as a result of post-dismissal Facebook posts calling his employer a "bastard" and "criminal with stars" will have another shot at challenging his sacking, after a NSW court of appeal found the state IRC exceeded its powers.
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.