Appeals page 17 of 79

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Ruling wrongly forgives CFMMEU's "failures of oversight": Dissenter

An FWC full bench majority has quashed the approval of a construction agreement containing substandard summertime working time arrangements, but the minority says the CFMMEU should have been denied the leave it sought to overcome its "avoidable error" in failing to object when the Commission initially considered the deal.

High Court poo-poos ABCC bid to revive privy-protest penalties

The High Court has this morning refused the ABCC special leave to challenge a full Federal Court's reversal of penalties imposed on two CFMMEU officials for leading a walk-out from a building site that had no separate toilet for a female worker, while it also denied special leave for a case about class action common fund orders.

Rider not an employee, says Deliveroo

Deliveroo maintains no "work-wages bargain" existed between it and a food delivery driver, in its foreshadowed appeal against last month's high-profile FWC ruling that he was an employee protected from unfair dismissal.

Post-sacking conduct didn't make separation valid: Bench

FWC Deputy President Gerard Boyce has again run afoul of a tribunal bench, which has reminded him that conduct months after a dismissal cannot be considered when deciding whether an employer has a valid reason.

Employer's appeal slashes big payout to former manager

A manager unfairly accused of being a "malingerer" has had his near-$900,000 unlawful sacking payout slashed on appeal, a judge finding the original ruling contained enough errors to reduce the figure but stopping short of ordering a retrial.

Reasons for court's six-year delay to remain a "mystery"

Lawyers for a Boral worker who waited six years for a decision in her sexual harassment case say reasons for the delay will have to "remain a mystery" after the Information Commissioner affirmed the rejection of her FOI request.

Police officer's sacking for alleged exposure rightly reversed: Court

Victoria Police has lost its bid to sack an officer for "disgraceful conduct" in allegedly exposing himself to a day spa therapist while getting his groin waxed, the State's Court of Appeal this month holding its review board rightly set the dismissal decision aside.

Bench shines light on recusal question

A full bench has in throwing out a challenge to a recusal decision sought to dispel mounting confusion over when an FWC member who conciliates a matter should recuse themselves from hearing it.

Bench's safety concerns derail Sydney Trains proposal

The FWC has again blocked Sydney Trains from compelling electrical workers to participate in a trial to reduce downtime during maintenance, with a full bench finding it would introduce risks inconsistent with its obligations under safety laws.

Donning/doffing PPE is working time: Bench

A full bench has quashed a finding that a meatworker is not entitled to payment for time involved in putting on and removing PPE during a half-hour unpaid meal break, but has held an employer's silence did not give the FWC power to arbitrate on the before- and after-work requirement.