Court and tribunal decisions page 170 of 373

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Bench quashes Gina's rail deal

An FWC full bench has quashed the approval of deal negotiated with two train drivers but set to cover an entire transferred workforce on the Roy Hill Pilbara mine network, finding a senior member failed to properly consider whether the employer took all reasonable steps to explain the effect of its terms.

Agreement's age-based medical exams discriminatory: FWC

A proposed agreement requiring employees aged 50 and over to submit to more frequent medical examinations will be considered for approval only if the term is removed, the FWC has found.

McAleer loses appeal over withdrawn entry permit

An FWC full bench has rejected MUA Sydney branch secretary Paul McAleer's appeal against being denied an entry permit, finding a tribunal member held no obligation to signal that the official might have his rights withdrawn after 12 years due to a history of industrial law breaches.

Majority rejects restrictive take on general protections laws

A Federal Court full court majority has given a broad meaning to a section in the Fair Work Act's general protections that says employees must be "able to complain" to establish a breach of their workplace rights.

FWC endorses pre-vote emailing of agreement documents

In a case confirming that emailing agreement and award documents and links to workers before they vote for a deal can meet pre-approval requirements, a senior FWC member has also outlined why he prefers to deal with non-party concerns early in the process.


We did answer the question: Ross to fellow judges

An FWC bench led by Justice Iain Ross has shot back at a full Federal Court direction to properly answer a question posed by the president himself, maintaining it had already done so before highlighting the relevant passages.

"Emboldened" CFMMEU deserves no penalty discounts: Judge

A judge has today accepted the ABCC's view that the construction union's lengthy rap sheet should influence the penalty for a relatively minor breach, but has declined to impose a personal payment order on the official involved.

Added NERR wording coloured agreement process: FWC

The FWC has rejected a massage therapists' deal on the basis that extra wording in a preamble and at the end of the representational rights notice might have affected employees' interpretation and detracted from key messages.