Appeals page 61 of 78

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School unlawfully refused entry to inspect documents

An independent Islamic school unlawfully refused entry to union organisers to inspect documents, manipulated employee records and made more fixed-term teaching appointments than permitted under its award, the Federal Court has found.

Auto-termination clause doesn't stop worker pursuing dismissal claim

A worker purportedly hired to work on a construction project until her demobilisation "automatically" terminated her employment was entitled to make an unfair dismissal claim, because she wasn't employed to perform a "specified task", an FWC full bench has found.

FWC full bench rules wrong award used for BOOT

An FWC full bench has quashed a decision that used the wrong maritime award as the BOOT benchmark for a new agreement covering coastal cargo vessels, but dismissed a challenge to a senior manager's appointment as a bargaining representative.


Bench overturns ruling on location for union discussions

In a important decision on right of entry, an FWC full bench has permitted the CFMEU to hold discussions in a BHP Coal mine's dragline crib rooms, overruling a previous finding that that the areas were not fit for that purpose.

Bench says law must keep pace with technological change

An FWC full bench has today overruled a decision that an employer breached good faith bargaining obligations when it insisted on conducting enterprise agreement negotiations by teleconference rather than face-to-face meetings.

Representative error not automatic reason to extend time: FWC

A Fair Work Commission full bench has ruled that representative error does not provide an "inviolable reason" for granting an extension of time for an unfair dismissal claim due to exceptional circumstances.

Full court rejects notion that worker would profit from fine

A full Federal Court has quashed a finding that a $45,000 penalty imposed on the CFMEU should be paid to the federal government, because it would have provided a "windfall" gain for an organiser the union subjected to adverse action.

Granting of permit to Westgate organiser a bridge too far: FWC

The AMWU has failed in its bid to obtain an entry permit for an organiser involved in the notorious Westgate Bridge dispute because imposing additional permit conditions would amount to "no more than shutting the stable door after the horse has bolted", says the FWC.