Court and tribunal decisions page 367 of 374

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Court acknowledges strike was to support injured worker, as CFMEU fines mount

The Federal Court has added another $61,000 to the CFMEU's $250,000 bill for unprotected industrial action on the Brookfield Multiplex Perth hospital project last year, but in doing so has taken into account that the strike was in support of an injured worker and not for just a "self-interested purpose".


Federal Court rejects bid to overturn delegate's reinstatement

The Federal Court has dismissed a stevedoring company's challenge to the interim reinstatement of a MUA delegate, despite acknowledging the company's belief that the orders undermined its authority to manage workplace bullying and harassment.

FWC rejects bid to modernise enterprise award

The Fair Work Commission has rejected another employer application to create a modern enterprise award rather than be bound by a sector-wide modern award.

Full bench reverses public holiday ruling

The SDA has successfully appealed against fast food and hair & beauty industry employers having greater flexibility in compensating employees for working on public holidays.



Carer not a worker under bullying laws: FWC

The Fair Work Commission has rejected an anti-bullying application from a paid carer, ruling he was not a "worker" under the new laws, while also outlining other arrangements that would fall outside the jurisdiction.

FWC knocks out blanket "no extra claims" clause

Ahead of a full Federal Court hearing next month of Toyota's appeal against a ruling that it breached its enterprise agreement when it pushed for changes, the FWC has found that a "no extra claims" clause in a Tasmanian energy agreement is invalid and therefore no barrier to the employer's application to vary the deal.

No adverse action despite link to bargaining activity

The Federal Circuit Court has held that a bus company did not take unlawful adverse action against TWU members at a NSW yard, but was not convinced that the measures the union complained of weren't linked to the bargaining round in progress at the time.