Court and tribunal decisions page 213 of 372

3712 articles are classified in All Articles > Legal > Court and tribunal decisions


Mine fails to terminate agreement covering no workers

An ASX-listed mining company has failed to persuade the FWC to terminate a 2011 deal no longer covering workers or an operating mine in order to make reopening viable, the tribunal finding in the interests of enterprise bargaining the company should first try to negotiate with the CFMMEU.

Seven-month "leave blackout" breached deal: FWC

A council's imposition of a seven-month "leave blackout" period in a quest for greater efficiencies has run foul of the FWC, the tribunal finding its failure to consult workers over the policy breached best practice and notification provisions in its agreement.

"Deplorable" HR approach worst I've seen: FWC member

A senior FWC member has held that an abusive "alt-right" employer unfairly sacked an apprentice for refusing to assist his pursuit of revenge against a former employee, describing the company managing director as having the most deplorable attitude to HR management she had ever encountered.

Company reforms ways after criminal record discrimination

A company that withdrew an offer of employment when it discovered the potential employee's criminal record has paid her $2500 compensation and revised its global recruitment and HR practices, after the AHRC found it discriminated against her.

Relax public sector bargaining rules: Bench

An FWC full bench has used a workplace determination to call on the federal government to relax public sector bargaining guidelines, at the same time as it questioned the legal standing of a major department's decision to "go harder" after workers voted down multiple proposed deals.

Court imposes big fine for MUA's contempt

Victoria's Supreme Court has lobbed a $125,000 contempt fine against the CFMMEU for pre-amalgamation MUA leaders' speeches to picketers at a Melbourne container terminal, finding the union made a calculated decision that its interests would be well served by flouting "no go" orders.


AMMA's challenge to CFMMEU merger 28 years late: Full Court

A Full Federal Court has dismissed the Australian Mines and Metals Association's application to quash two FWC decisions approving the merger of the CFMEU, MUA and TCFU, offering a brief history lesson as to why outstanding civil penalty proceedings posed no barrier to the amalgamation.

Security guards who "forgot" $58,000 reinstated

Armaguard has been ordered to reinstate two security guards sacked for their part in a "string of failures" that resulted in almost $60,000 cash being stolen, the FWC finding that the company failed to take into account numerous mitigating circumstances.

CEO wins payout for adverse action

The chief executive of a mortgage provider who lost his job after accusing it of misleading conduct and demanding a $900,000 payout has won $110,000 in damages, after the Federal Circuit Court found his failure to return to work provided a valid reason but that he was also sacked for exercising a workplace right.