Appeals page 37 of 78

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Unfair procedure no automatic ticket to overturn rulings: Bench

An FWC full bench has upheld a decision that rejected a multinational drilling company's deal without first inviting it to respond to every concern, confirming that a denial of procedural fairness would not have guaranteed a new hearing anyway.


Judge should have signalled departure from script: Bench

A judge denied the TWU procedural fairness when failing to provide an opportunity to argue against his unsignalled departure from an agreed position between the union and the ROC before imposing a $270,000 penalty for serious record-keeping breaches, a Full Federal Court has found.

Union admissions clear path for delegates' unfair dismissal claims

Two AMWU delegates sacked by Visy for allegedly organising unprotected industrial action over a new drug and alcohol policy will have their delayed unfair dismissal cases heard after admissions by the union and one of its officials helped end entwined Federal Court proceedings today.


Legislation says industrial action "did not happen": Bench

In a significant decision as to what constitutes industrial action, a full Federal Court has found that the legislative framework does not capture instances where a subcontractor's workers down tools with the support of their direct employer.


Workpac launches challenges to casuals rulings

Workpac is challenging an FWC order to reinstate a labour hire mineworker to her former position with the same BHP host employer that "demobilised" her, while it is also seeking in the Federal Court to stop another casual from claiming leave entitlements.