Appeals page 49 of 79

A full Federal Court has described as "astounding" a CFMEU argument that it should not be held liable for organisers' unauthorised entries to building sites because the alleged contraventions should be viewed as an exercise of "power", rather than of a "right" defined by the Fair Work Act.

In a case that has already forced two managers last year to pay almost $50,000 in profits to their former employer, a full Federal Court has found on appeal that their new employer must also hand over more than $6.2 million in profits earned under their business plan.

An FWC full bench has lifted confidentiality orders on a fiery dispute between the UFU and Melbourne's Metropolitan Fire Board over a firefighter's allegedly offensive Facebook comments, finding that parties to the dispute must accept the consequences of open justice regardless of any embarrassment that might ensue.

As the Crown continues its pursuit of a Victorian employer charged with discriminating against employees who raised safety issues, Victoria's Court of Appeal has found that, as a question of law, it must prove only that the concerns were expressed rather than address the workers' "state of mind" at the time.

The Federal Court has refused an application by a company to be represented by its operations manager rather than a lawyer, ruling that the manager lacked "the necessary degree of objectivity and skill" required to conduct the case.

A Western Australia court of appeal has rejected the RTBU's bid to reinstate a transit officer sacked for making false allegations against her supervisor, confirming it would be "impracticable" for the employer-employee relationship to continue given the absence of trust between the parties.

An FWC full bench has confirmed that unions can file disputes in their own names without having to identify the employees involved.

An FWC full bench has ordered a re-examination of the sacking of a worker for his "nonchalance" towards OHS obligations, lack of contrition after a workplace mishap and failure to wear safety glasses.

The FWC has confirmed it has the power to determine a dispute between labour supplier WorkPac and the CFMEU over pay cuts at a Rio Tinto coal mine, but its intervention is conditional on the union naming the employees involved.

A full Federal Court majority has found that the court cannot treat a "lawful request" or a party's motivation for taking coercive industrial action as a mitigating factor when assessing penalties and has ordered a twelve-fold increase in fines against the CFMEU for organising a blockade at Perth International Airport in 2013.