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777 articles are classified in All Articles > Legal > Appeals


Striking wharfies "penalised twice" under Qube approach: Bench

Stevedoring giant Qube has failed to overturn a ruling that it should have slashed the minimum number of hours salaried dockworkers needed to work in a year after withholding their pay over 11 weeks of protected industrial action.


Tribunal to reconsider whether it can expunge warning

In a significant ruling on its powers, the NSW IRC will reconsider a nurse's victimisation claims after overturning a finding it lacked the power to order that a disciplinary warning be removed from her file.

Drivers shunted into COVID-19 siding fail to win lost pay

In a decision exploring what constitutes a disciplinary investigation, a FWC full bench has quashed a finding that a public transport agency must pay a group of train drivers blocked from attending work after failing to comply with its COVID-19 vaccination policy.

Unsought payment orders "contrary to public interest": Full court

A full Federal Court has more than halved fines imposed on the CFMMEU for picketing a crane company over a sacked delegate, while also binning orders requiring the delegate to personally pay a $3500 penalty despite it not being part of the case against him.

Burke, Qantas joust over right to intervene in outsourcing case

Workplace Relations Minister Tony Burke has told the High Court that upholding Qantas' challenge to a finding that it unlawfully outsourced ground-handling jobs would lead to a "chronic imbalance" in IR, while the airline argues that the Government should not be allowed to intervene in the case in the first place.



Bench rules pay below high-income threshold

A FWC full bench has dismissed an "unusual" unfair dismissal jurisdictional appeal, finding that a worker who took a pay cut due to his employer's financial struggles fell below the high income cap despite the company arguing that the Commission's compensation order proved his pay exceeded the threshold.

Qantas poses existential outsourcing question to High Court

Qantas has questioned whether there could ever be an instance where employers can lawfully outsource work if the High Court rejects its challenge to a ruling that it took adverse action against 2000 former ground crew employees when it shunned a TWU in-house tender in favour of an external bid.