Court and tribunal decisions page 354 of 375

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Senior public official loses breach of contract case

A state government that lost confidence in its mining warden did not breach his employment contract when it removed him from office, nor did it contravene trade practices laws when it originally offered him the role, a court has ruled.

FWC bench settles "genuinely seeking agreement" debate

A senior FWC full bench has moved to clarify the confusion caused by conflicting decisions on whether unions that bargain for non-permitted matters are "genuinely trying to reach an agreement" under the Fair Work Act.

Federal Court to hear high stakes sham contracting case

The Federal Court will examine the multi-level marketing operations of an international networking business after the Federal Circuit Court ruled that a sham contracting case launched by the FWO was complex and lengthy enough to go to a higher authority.

No power to fetter protected action vote: FWC

The Fair Work Commission has ruled that it has no jurisdiction to impose conditions on industrial action when it orders a protected action ballot, rejecting Aurizon's bid for it to require the rail union to guarantee it won't interfere with the transport of perishable or hazardous goods.

Court refuses pre-case discovery to back confidence breach suspicions

The Federal Court has refused to compel three employees to hand over documents to their former employer to help it decide whether to sue them for breaching contract and corporations laws, finding the company had failed to make enough inquiries of its own before seeking discovery orders.

Errant employers slugged $600K in FWO summer blitz

In a lucrative Christmas/New Year period for the Commonwealth's coffers, the Federal Circuit Court has handed down penalties amounting to more than $580,000 in eight separate cases brought by the Fair Work Ombudsman against companies and their directors for breaches of the Fair Work Act.

Coles loses industrial action ballot challenge

Coles meatworkers in Victoria and Tasmania were entitled to vote to take protected industrial action because they had been genuinely seeking separate enterprise agreements late last year, a FWC full bench has ruled.

Asmar challenge to entry permit inquiry fails

The Federal Court has thrown out a challenge by Victorian HSU leaders to the Fair Work Commission's inquiry into allegations that the union rorted the right of entry permit system.

Serco loses major redundancy exemption case

Serco Sodexo Defence Services Pty Ltd has failed to convince the Fair Work Commission it obtained employment for the vast bulk of its workforce when it lost its Defence Department contracts last year, and now faces a hefty redundancy bill for the hundreds of employees who found jobs with the new contractors.

Court urges SA parliament to close casuals LSL loophole

A SA Supreme Court full bench has ruled that an employer must pay long service leave to a casual dockhand who worked sporadically for more than 20 years at Port Lincoln Harbour but has also recommended that state parliament urgently fix legislation that reduced his entitlement to almost nothing.