Appeals page 43 of 78

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Roulette supervisor loses dismissal appeal, but wins on costs

A roulette supervisor has failed to challenge the rejection of her claim that a casino's failure to offer overtime amounted to constructive dismissal, but a full Federal Court has quashed a $30,000 costs order against her after finding it was not unreasonable to ignore a $7000 settlement offer.



Bench refuses to disturb finding that Hadgkiss questioning "inexcusable"

A full Federal Court has found that a CFMEU official breached the Fair Work Act's "hinder or obstruct" prohibition for permit-holders when he "liberally" swore at a safety inspector, but rejected the ABCC's argument that it was denied procedural fairness when the trial judge described former Commissioner Nigel Hadgkiss's questioning of a witness as "inexcusable".

Ross rejects Aldi bid to send NERR questions to court

FWC President Iain Ross has rebuffed an application by retailer Aldi to have a full Federal Court review the rejection of its agreement because of a deficient bargaining notice.


Full court rules on self-incrimination

A full Federal Court has rejected an appeal by a CFMEU construction and general division official against answering questions in court from his own counsel on the grounds that he might incriminate himself.

ASU to fight hot desking push

The ASU is appealing a finding that the ATO can require employees to 'hot desk' regardless of whether they perform field work, the union arguing it wouldn't have endorsed the 2017 agreement if it had been made aware of the agency's intention.

Bench decision broadens coverage of modern awards, says union

In a decision that United Voice says will make it harder for low-paid workers to be classified as award free, an FWC full bench has found that animal attendants and supervisors covered by a Queensland pet resort agreement should have been assessed against the Miscellaneous Award.

Bench confirms Royal Commission evidence admissible in FWC

An FWC full bench has confirmed that the tribunal can rely on evidence given to royal commissions, this month rejecting former NUW NSW official Nick Belan's challenge to findings that his admissions under oath helped establish his financial misconduct and justified dismissal.