Appeals page 32 of 78

779 articles are classified in All Articles > Legal > Appeals


Employer's underpayment hit doubled for missing paperwork

In a decision reinforcing the need for employers to maintain timesheets, a court has more than doubled the restitution a family-run business must make despite questions of credibility about the sponsored couple claiming underpayments.

Union to appeal dismissal over Hitler parody video

The AWU will argue that a senior FWC member failed to factor in the "true nature and effect" of a BP technician's Hitler parody video in its appeal against her decision upholding his sacking.

Oil giant maintains push to axe deal

Esso Australia is appealing the FWC's refusal to terminate the agreement for its Bass Strait oil and gas operations, arguing the tribunal denied it procedural fairness.

FWO seeks to take piecework case to High Court

The Fair Work Ombudsman will seek special leave from the High Court to appeal a full Federal Court ruling on whether hundreds of casual mushroom workers on non-compliant piecework agreements are entitled by default to be paid hourly rates under the horticultural award.

Split FWC bench upholds contentious labour hire deal

The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.

Fire-damaged machinery, not bushfires, caused stand down: Bench

A wood mill operator does not have to pay its former workforce for a five-week stand-down period after an FWC full bench confirmed that the time lost was due to damaged machinery, rather than the bushfires that rendered it inoperative in the first place.

Cryogenic insulators frozen out of BOOT test: Bench

In a significant decision on the scope of agreements, an FWC full bench has quashed the approval of a deal measured exclusively against the manufacturing award, despite coverage extending to cryogenic insulators and concreters.

Disputed dismissal date not given enough regard: Bench

A tribunal member failed to properly regard the disputed date of an embassy employee's dismissal in refusing to allow him to proceed with a general protections claim, an FWC full bench has found.

FWC bench lops 31 horticultural deals

An FWC full bench has quashed a tranche of newly-minted horticulture deals, finding they were not genuinely agreed to as potential changes to the award had not been accurately explained to those covered.

"Intimidating" judge undermined adverse action claim: Bench

A self-represented adverse action applicant will be able to submit an amended statement of claim following a full Federal Court finding that he was last year denied a fair hearing by an "aggressive, rude and overbearing" judge.