Court and tribunal decisions page 369 of 373

The Fair Work Commission has ruled that it is not prevented from considering behaviour that occurred before the start of the new bullying jurisdiction on January 1 this year when dealing with applications for orders to stop the conduct.

A Fair Work Commission full bench has ruled that only employees who will immediately be covered by an enterprise agreement are entitled to vote on its approval, not employees who are likely to be covered in the future.

In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.

Job candidates in Australia enjoy better privacy protection of their personal information than current or former employees, according to RMIT University's Professor Anthony Forsyth.

In a big win for supermarket giant Coles, the Federal Circuit Court has ruled that its online delivery drivers are covered by the major retail award, throwing out the TWU's long-running claim that they are employed in the transport industry.

The CFMEU has lost the first of three appeals stemming from the Fair Work Commission's decision last year to review its right of entry practices at Lend Lease's Adelaide projects.

The FWC has ordered the United Firefighters' Union to comply with good faith bargaining obligations in its negotiations with Victoria's Country Fire Authority, while the union has lodged an appeal against the Federal Court's ruling that clauses requiring the CFA to employ additional firefighters and conduct recruitment are unconstitutional.

A court has today delivered a "wake-up call" to Toyota Material Handling and its HR department for breaches of IR laws that included making a false declaration to the Fair Work Ombudsman, drawing to a close five years of litigation that included a full Federal Court ruling on a time limit that had threatened to derail the case.

The obligation for employers to let employees bring a support person with them to any discussions that could lead to dismissal does not extend to allowing that person to be an advocate, a FWC full bench has confirmed in overturning a ruling by Commissioner John Ryan that an executive director was constructively dismissed.

The Federal Court has rejected a claim by Qantas flight crew that the airline breached its enterprise agreements when it didn't consider them for vacancies that would have required it to train them at a cost of up to $113,000 per pilot.