Court and tribunal decisions page 1 of 371

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CFMEU did not threaten workers over strike vote: FWC

A construction company has failed in its bid to stop potential strikes amid claims of union interference in the protected action ballot process, the FWC pointing out that it cannot make orders preventing industrial action yet to be endorsed or notified.

Early move to "sever" fixed term contract a dismissal: FWC

A training officer employed on a fixed term contract can proceed with his adverse action case against a volunteer rescue organisation after the FWC accepted that it sacked him when it told him two weeks before its expiry that it would not be renewed.

Dropping claim "at 11th hour" not a good look: Judge

A judge has warned the FWO of a possible "perception" it failed to comply with its model litigant obligations after dropping the "most serious" claim of threatening behaviour from a CFMEU right of entry case as part of a liability deal.

12-months good behaviour order after child job breaches

An international retailer, TK Maxx, has pleaded guilty to seven breaches of Victoria's child employment laws at one of its stores, with the Melbourne Magistrates Court placing it on an adjourned undertaking for 12 months with the condition it pay $5,000 to the court fund.

Court backs FWC role in case that led to HR manager referral

In a significant judgment on the FWC's powers, a full Federal Court has today dismissed a major hospitality group's claim that a Commission bench exhibited bias when it voiced its concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.

Lowest award rate to be purely transitional: FWC bench

A FWC full bench has made a provisional ruling in favour of ensuring the lowest pay classification in modern awards is used only for a short period of induction and training, making the second lowest rate the benchmark for continuing employment.


Deal approved over CFMEU's "granular" objections

In a decision with echoes of the CFMEU's failed opposition to a controversial non-union power industry deal that went all the way to a full Federal Court, the FWC has approved a civil construction agreement after rejecting the union's "granular" approach to explaining its terms.

Big miner should not have cut worker adrift: FWC

A MEU lodge president with an "extensive" disciplinary record has narrowly won his job back at a South32 coal mine, but not before having his backpay halved for failing to report the safety incident that led to his sacking.

Banker having a lend on 100% WFH request: FWC

A bank manager has failed to establish that his employer lacked reasonable business grounds for refusing his request to work solely from home to aid his injured yoga instructor partner's recovery as she conducted 15 high-intensity lessons per week.