Court and tribunal decisions page 247 of 371

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Full court rules on self-incrimination

A full Federal Court has rejected an appeal by a CFMEU construction and general division official against answering questions in court from his own counsel on the grounds that he might incriminate himself.

FWC seeks options for dumped employment abandonment clauses

Abandonment of employment clauses have been removed from six modern awards in the wake of an FWC full bench ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.


No leave accrual during lockout, says FWC

In a landmark ruling, the FWC has held that Carter Holt Harvey employees did not accrue annual or long service leave during a 74-day lockout last year.

Missed bargaining meetings key to scope case for remote workers

A geographically-distinct union has been granted scope orders for cleaners at a remote detention centre after the FWC determined the costs involved for bargaining representatives to attend distant meetings were prohibitive.

Bench backs manager's sack for s-xual harassment

An FWC full bench has upbraided a tribunal member for suppressing the name of a sexual harassment complainant without proper consultation, but has upheld the sacking of a manager for the "hostile" and "derogatory" comments he directed at the trainee.

Union pursued over "coercive" campaign material

The Federal Court will consider whether a series of NTEU social media posts, campaign materials and protests constitute "coercive acts" that are disproportionate to any legitimate interests the union might have had in wanting to stop Murdoch University from terminating its 2014 agreement.

Chronic marijuana-user posed "catastrophic" safety risk

A senior FWC member has upheld the sacking of an underground mineworker who tested positive for THC and continued to have elevated levels of the drug in his system 22 days later, finding it the "only course of action open" to the employer.

AWU denied documents that could identify AFP raid whistleblower

The Federal Court has accepted that "future whistleblowers" might be deterred if it releases all Registered Organisations Commission documents relating to last year's raids on the AWU by the Australian Federal Police.