Court and tribunal decisions page 364 of 373

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Expert panel member resigns after disqualification from super review

A member of the Fair Work Commission's expert panel has resigned after being disqualified, due to a potential conflict of interest, from participating in the review of default superannuation funds. Meanwhile, the Financial Services Council's challenge to the make-up of the panel is to be heard this week.

Tidewater order followed MUA official's unavailability

The Fair Work Commission's decision to temporarily halt a planned 48-hour strike at Tidewater Marine took into account that an MUA official was unavailable to give evidence in person to the tribunal.

FWC refuses to halt Patrick retrenchments

The Fair Work Commission will allow Patrick Stevedores to proceed with job cuts at the Port of Melbourne, after rejecting an MUA bid for an interim restraining order because the balance of convenience lay with the employer.


FWC gives green light for sacking driver who ran a red

Pacific National was justified in sacking a long-serving train driver who was 120 seconds away from colliding with another train, after failing to see and respond to two signals, the Fair Work Commission has found.

Employer pays for "naive and unacceptable" interpretation of employment contract

A finance broking house that issued a Brisbane-based employee five payslips in six years and employed him on a commission-based agreement that it believed did not entitle him to base salary, sick pay, annual leave and superannuation entitlements has been ordered to pay him almost $124,000 in penalties.

NSW wages cap includes super, appeal court rules

The NSW Government has had a victory in its long-running battle to include compulsory superannuation increases within the public sector 2.5% wage cap, after the State's Court of Appeal quashed last year's IRC ruling that the wages cap only applied to Commission-awarded increases.

Legal representation generally "a welcome relief", says FWC

A senior FWC member has strongly endorsed legal representation of parties in hearings, saying that with the rise of self-representation, the involvement of legal practitioners is "more often than not, a welcome relief".

Union's notice "device" renders industrial action unprotected: FWC

The FWC has ordered the TWU to postpone member-endorsed industrial action against Linfox Armaguard because the vagueness of the notices to the company would have required it to respond with "extreme measures" such as organising flying squads to replace workers.

Xmas party breast-toucher gets job back

A NSW public servant who admitted touching the breasts of five women during a 2012 Christmas party has won his job back after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.