Case law page 26 of 29

281 articles are classified in All Articles > Registered organisations > Case law


Dragline not the right place for discussions, says FWC

The CFMEU is considering whether to appeal after it was refused permission to hold talks in a BHP Coal mine's dragline crib rooms because it was a "functional work area", rather than a meal or break area.

Unfair dismissal round-up: Morning sickness justifies extending time; and more

Morning sickness justifies extending time; Legal representation granted in drug test dismissal case; Constructive dismissal by phone justified after vehicle log book failure; Refusal to accept a large settlement not unreasonable, says FWC; and "Informal chat" insufficient consultation for horse trainer redundancy.


Protected action ballot upheld despite "technical breach"

An employer has failed in a challenge to the validity of a protected action ballot that extended the voting period by 10 days, with the FWC finding the error was a "technical breach" that did not affect the result.




No transmission of business - no dice on sick leave

Two employees have failed to win back more than 2,000 hours in sick leave credits they lost when their employment moved from a publicly owned corporation to a private entity after the NSWIRC found there was no transfer of employment.

MUA loses coverage application for non "waterside" workers

The MUA is considering appealing a FWC ruling that blocked it from bargaining on behalf of a group of logistics employees involved in preparing containers for delivery to Broome Wharf because they didn't fit the description of "waterside worker".