Court and tribunal decisions page 1 of 376

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Bench extends life support for zombie deal

A FWC full bench has extended a 22-year-old zombie agreement's drop-dead date for a second time to enable bargaining for a replacement agreement to continue.

"Theft" case errors not significant enough: Bench

A FWC bench has upheld a ruling that a club unfairly sacked a casual duty manager after accusing her of stealing a drink, but not before rejecting a presidential member's finding that the "theft" needed to be established "beyond reasonable doubt" and that the employer used an "intimidatory" dismissal process.

FWC orders 3.75% rise in award rates, NMW

The FWC's expert panel has this morning approved a 3.75% increase in all award rates and the national minimum wage, but has rebuffed the ACTU's bid for an immediate additional 4% for workers in highly-feminised industries, instead committing to a timetable to address the issue over the next 12 months.

Time extended for worker told he couldn't contest sacking

The FWC has extended time for a late unfair sacking claim after accepting that the worker held off making his application because the employer told him that he had failed to serve the minimum employment period and its external HR provider and its solicitor then reinforced it with similar advice.

Case threatens a "radical departure" from notion of work: Employer

The charity defending a High Court case with the potential to extend duty of care to the disciplining and sacking of workers has warned that overturning a 115-year-old precedent would "disturb the allocation of risk" in every current employment contract.


Resources giants win access to union legal advice

Major mining companies targeted in a multi-employer bargaining test case have won access to an unredacted summary of legal advice provided to Professionals Australia, after the union undermined its claims of privilege with its broad sharing of a PowerPoint slide.

Nurses seeking LSL broke continuity of service: Court

The Federal Court has held that two Victorian public sector nurses broke their continuous service while taking time off to have children and recover from surgery as casuals, dismissing an ANMF bid to sue a health service for denying them long service leave.

Worker misled FWC about job offer

A FWC member has permitted an anti-bullying hearing to go ahead despite her concerns that the worker and her representative misled the tribunal when they denied that the worker had accepted a job offer.

WFH direction for harassment accused breaches deal: FWC

The FWC has acknowledged there is a "high bar" to overturning management decisions but ultimately found that Ambulance Victoria breached its agreement when it directed a paramedic to perform alternative duties from home while it investigated a colleague's s-xual harassment claims against him.