Court and tribunal decisions page 359 of 374

3738 articles are classified in All Articles > Legal > Court and tribunal decisions


FWC rejects second reinstatement bid

An unfairly dismissed Catholic school teacher who successfully argued before a Fair Work Commission full bench that a tribunal member failed to give sufficient consideration to reinstatement options has again missed out on getting her job back.

"An ABN or nothing": Builder guilty of sham contracting

A building company and its director who dismissed a construction worker so that they could re-employ her as an independent contractor now face civil penalties and a possible compensation order.


FWC releases fourth bible for comment

The Fair Work Commission has released its fourth benchbook for public comment, covering enterprise bargaining and agreement making.

CFMEU fined $150,000 for right of entry breaches

The Federal Court has fined the CFMEU's construction and general division and five of its officials more than $150,000 for contravening right of entry laws, prompting FWBC director Nigel Hadgkiss to state that entry permits are a "privilege", and not a licence to act unlawfully.

Workers win reprieve from $25,000 cost security claim

The Fair Work Commission has rejected Patricks' bid for orders requiring five workers - and their solicitor - to provide security for costs of up to $25,000 each prior to their unfair dismissal claims being heard.

Low-paid authorisation bid fails bargaining blockage test

The mere fact that bargaining is "difficult" is unlikely to justify granting a low-paid authorisation for a multi-employer agreement, a failed application by United Voice in the security industry demonstrates.

FWC accepts majority wants to bargain at Cotton On

The NUW has demonstrated majority support for it to bargain for an enterprise agreement to cover warehouse employees at one of Cotton On's two Australian distribution centres – despite the company arguing that a single agreement should cover the workers at both sites.

Chef's undisclosed $1 mark-up breached contractual duties

A hotel chef breached his contractual duty of fidelity and fiduciary duties by sourcing chicken schnitzels through his wife's business and selling them to his employer for $1 more than their original purchase price, a court has found.

Company's tolerance of bullying conduct meant dismissals unfair: FWC

Global smelting company Nyrstar had a valid reason to sack two workers for a history of bullying behaviour, but its failure to deal with the conduct over a long period and to put specific allegations to them meant the dismissals were unfair, the FWC has ruled.