Court and tribunal decisions page 2 of 370

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MEU doubles female presence on governing body

The Mining and Energy Union's 18-member national governing body will have two positions reserved for women – up from one – after the FWC accepted "persuasive" evidence that it would make the union's leadership more representative.

Employee ineligible for second PPL period: FWC

The FWC has found a worker ineligible for paid parental leave for her second child because she only returned to work for six and a half months before the second period of intended leave, rather than the 12 months that her enterprise agreement required.

Case underlines need for anti-violence policies: SafeWork NSW

Safework NSW is calling for employers to develop anti-violence policies and procedures to prevent or minimise workplace s-xual harassment and other forms of violence, following a court ordering Marist Youth Care to pay more than $400,000 in fines and costs after its workers experienced "s-xualised and aggressive behaviour".

Federal Court full bench sets out redundancy rules

A full Federal Court has clarified the extent to which employers must investigate alternative roles for workers caught up in restructures, finding that a mining company had an obligation to assess whether employees could replace already-engaged contractors before making them redundant.

FWO secures $75K AA penalty against sandstone university

A court has accepted that Melbourne University threatened two casual workers that "if you claim outside your contracted hours don't expect work next year" and when one worker tried to claim five additional hours it refused to further engage her, calling her a "self-entitled Y-genner" on a "crusade behind the scenes".

"Gov lawyer" claim to be investigated

A café owner penalised for ignoring a FWO compliance notice has been referred to a legal profession regulator after variously describing herself as a "Commonwealth public prosecutions Lawyer" and "Gov lawyer" in emails to a court.

Little room for "entrepreneurship" makes worker an employee: FWC

In a decision sure to catch the eye of service providers using rostering apps to keep workers at arm's length, the FWC has found that a home care worker who signed two documents describing her as an independent contractor is in fact an employee capable of suing her employer for unlawful dismissal.

Employer resists compulsory conciliation double-up

An employer is opposing a CFMEU request to have the FWC hold a joint post-PABO compulsory conciliation conference relating to two separate deals for its workers on the Cross River Rail project in South-East Queensland.

Offshore gas workers' stand-downs largely justified: FWC

An employer supplying well workers for offshore gas operations in the Bass Strait was entitled to stand down most of them when Esso suspended their services during industrial action, but the FWC has made a preliminary finding that a small yet "significant" portion might have been unauthorised.

Confidential details secure with ballot agent: FWC

The FWC has rejected an employer's bid to limit the amount of confidential employee information it must give an independent agent ahead of a protected action ballot, while it has also refused to amend the proposed PABO to include a safety commitment.