Appeals page 77 of 79

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Federal Court rejects bid to overturn delegate's reinstatement

The Federal Court has dismissed a stevedoring company's challenge to the interim reinstatement of a MUA delegate, despite acknowledging the company's belief that the orders undermined its authority to manage workplace bullying and harassment.

CBA tells High Court to ignore House of Lords "trust and confidence" ruling

In one of the most significant employment law cases in the last hundred years, a former Commonwealth Bank executive asked the High Court on Monday to balance the "ledger" by recognising the existence of an implied term of trust and confidence in all Australian employment contracts, while the bank warned it against adopting English law.

Prison officer involved in custody death wins court appeal

A senior prison officer's long-running bid to keep his job remains alive after he successfully challenged a ruling by a NSW IRC full bench that upheld threats to dismiss him for failing to follow correct procedures in an incident that led to the death of a prisoner.

FWC rejects bid to modernise enterprise award

The Fair Work Commission has rejected another employer application to create a modern enterprise award rather than be bound by a sector-wide modern award.

Full bench reverses public holiday ruling

The SDA has successfully appealed against fast food and hair & beauty industry employers having greater flexibility in compensating employees for working on public holidays.


FWC knocks out blanket "no extra claims" clause

Ahead of a full Federal Court hearing next month of Toyota's appeal against a ruling that it breached its enterprise agreement when it pushed for changes, the FWC has found that a "no extra claims" clause in a Tasmanian energy agreement is invalid and therefore no barrier to the employer's application to vary the deal.


Undermining of collective bargaining not FWC's concern: Court

The Federal Court has held that the Fair Work Commission can't refuse to approve agreements because they would undermine collective bargaining, in the latest ruling on the John Holland deal covering just three workers.

Tracey loses battle to renew permit

MUA WA branch assistant secretary Will Tracey has lost his challenge to the Fair Work Commission's decision last year to refuse him a federal entry permit because he didn't meet the "fit and proper person" test.