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High Court hears "scab" dismissal case

The High Court has reserved its decision on whether BHP Coal fell foul of the Fair Work Act's adverse action provisions by sacking a worker for breaching its workplace conduct policy after he held up an anti-"scab" sign at a picket.



Tribunal reverses $2.5m super payout

The NSW Industrial Court has overturned a ruling that 78 Port Kembla coal terminal workers were owed $2.5 million after signing contracts based on employer assurances they wouldn't be worse off under a replacement superannuation scheme.

AWU fails in constitutional challenge over redundancy consultation

A Fair Work Commission full bench has ruled that Fair Work Act provisions requiring state governments to consult with unions over proposed redundancies are unconstitutional, rejecting the AWU's attempt to distinguish a similar High Court finding.

Council chief keeps reasonable notice compensation

A Supreme Court appeal bench has upheld a ruling that a local council's chief executive was not covered by an award and was therefore entitled to 12 months' notice of dismissal.

Workplace can include pub across the road: Federal Court

A full court of the Federal Court has upheld a finding that a pub two work colleagues visited to deal with s-xual advances one made to the other in their office across the road was a "workplace" under federal discrimination legislation.

Meatworks relies on sham contracting ruling to dodge damages

In an unusual postscript to a notorious sham contracting case, an abattoir operator has relied on a Federal Court ruling that it had vigorously opposed to successfully argue that it was the employer of an injured worker, thus avoiding having to pay him more than $150,000 in common law damages.

Bench overturns "indecent" clothing ruling

The SDA's campaign to stop employers from compelling workers to dress in revealing clothing has received a boost after a FWC full bench ruled the union was denied natural justice when it sought to change the Hair and Beauty Industry Award to prohibit the practice.