Court and tribunal decisions page 370 of 375

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Bench makes important ruling on legal representation

A Fair Work Commissioner was wrong to give the Tax Office permission to be represented by a solicitor but not a barrister, but a full bench has denied the NSW Bar Association leave to appeal against the representation ruling because the ATO admitted it did not adversely affect its case.

Coles right of entry policy contrary to Fair Work Act: Tribunal

In one of the first rulings since meal rooms became the default meeting place for union discussions with employees, the FWC has refused to issue an order giving the NUW unfettered access to workers at a Coles distribution centre, despite finding that the chain's new right of entry policy is inconsistent with the Fair Work Act.

Court bans CFMEU's McDonald from Brookfield Multiplex sites

The Federal Court has issued a sweeping injunction to stop CFMEU construction and general division WA branch assistant secretary Joe McDonald from entering Brookfield Multiplex construction sites for nearly three years and ordered the union to pay the company $500,000 in compensation for strikes he incited at two major projects last year.

Employers entitled to dismiss unfit-for-duty workers: Tribunal

The employers of two long-term train drivers who were off work for between 18 months and two years because of health issues were entitled to dismiss them when they were ruled unable to resume driving duties, the Fair Work Commission has found.

FWC snubs urine testing again

The Fair Work Commission has removed urine testing from DP World's national drug and alcohol policy, but has also refused a union bid to impose a "three strikes" disciplinary process at four ports across the country.


Bully for you: past acts relevant in new jurisdiction

The Fair Work Commission has ruled that it is not prevented from considering behaviour that occurred before the start of the new bullying jurisdiction on January 1 this year when dealing with applications for orders to stop the conduct.

Meat deal boned after bench finds approval errors

A Fair Work Commission full bench has ruled that only employees who will immediately be covered by an enterprise agreement are entitled to vote on its approval, not employees who are likely to be covered in the future.

FWC finds cure for premature application

In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.