Appeals page 27 of 79

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Contracted drivers are employees: Full court

In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.

BHP labour hire deals not genuinely agreed: FWC

BHP's attempt to win approval of two enterprise deals to entrench an in-house labour hire company that now employs more than 2000 workers across its mining operations has been dealt a major blow by an FWC full bench majority, which has ruled that its failure to properly explain pay arrangements meant the workforce did not genuinely agree.

Union lawyer's oversight no excuse: Bench

A union legal officer's mea culpa over unread emails has not been enough to salvage a late appeal against an agreement, after an FWC full bench found it did not excuse such a "sophisticated" organisation failing to identify that the contentious deal had won approval.

Bench rejects RTBU bid to prevent "corporate manoeuvring"

An FWC full bench has rejected TWU and RTBU appeals to a rule change decision allowing the latter union to continue representing members transferred to privatised bus services but which it claims will not insulate it from "corporate manoeuvring".



Court confirms big employer's redundancy payment for reducing hours

In a significant judgment examining the interplay between employment relationships and employment contracts, the Federal Court has dismissed a major employer's appeal against a ruling it owed a cleaner redundancy pay after reducing her hours from full to part-time.

Workpac seeks to take Rossato to High Court

Labour hire company Workpac has sought special leave to appeal to the High Court last month's momentous Rossato decision paving the way for casuals to claim leave entitlements, a ruling employers now estimate could expose them to more than $14 billion in back-pay.

Bench rules on when undertakings can be accepted

In a significant decision on agreement-making, an FWC full bench has clarified that the tribunal must reject any undertakings that have a "transformative" effect such that they could have affected workers' votes.

University begins appeal over 'intellectual freedoms' sacking

James Cook University has told a full Federal Court that academics must abide by its code of conduct when exercising intellectual freedoms, as it challenges a finding it unlawfully sacked a professor for criticising prominent climate research.