Court and tribunal decisions page 348 of 375

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Court upholds majority support order bid at Resmed

The AMWU has fought off another challenge to its representation of workers at a high-tech respiratory equipment manufacturer, after the Federal Court upheld the Fair Work Commission's power to issue a majority support determination.


Full bench upholds "no bullying" finding

A senior public servant has lost his challenge to a Fair Work Commission finding that his department was performance-managing rather than bullying him.

FWC "less than impressed" by employer's law firm

A senior FWC member has found that "extraordinary" circumstances justified the tribunal accepting a sacked employee's late unfair dismissal claim, while urging the employer to settle to avoid "further criticism and embarrassment for its conduct" and panning its law firm's role in the case.


Coles clears another hurdle to single retail deal

Coles Supermarkets is a step closer to putting to ballot a single retail deal covering 80,000 workers, after the Fair Work Commission comprehensively rejected a TWU scope order application for online delivery drivers, finding they were an "integrated and integral part" of the company's retail operations.


Look to Kiwi solution for good faith in employment: Riley

Australia could consider adopting a Kiwi-style statutory good faith obligation after the High Court's finding that there is no implied duty of mutual trust and confidence in employment contracts, according to a senior law academic.

Full bench knocks back BOOT appraisal

An FWC full bench has emphasised that the tribunal should take a "global" rather than "line by line" approach when applying the better off overall test to agreements, while in another ruling the Commission has approved a deal with employer undertakings, despite union misgivings that it was originally voted up by only three employees who have since left the company.

Union official denied entry permit over Westgate Bridge breaches

The FWC has refused to issue a new entry permit to an AMWU organiser who engaged in "egregious" conduct during the notorious Westgate Bridge dispute in 2009, and has described as "baffling" a 2011 decision to grant him a permit.