Original article by Lucas Baird
The Australian Financial Review – Page: 15 : 17-Feb-20
Qantas has won a lengthy legal dispute with the Australian Licensed Aircraft Engineers’ Association regarding how much it pays its engineers when they have additional training and qualifications. The Federal Court ruled it was Qantas to decide when and how it recognised extra certificates secured by its engineers, and it was not obliged to pay them more in such circumstances unless it met criteria under the relevant industrial agreement. It is the second time in two years that the Federal Court has dismissed a challenge by the ALAEA against Qantas on the issue of pay for extra training and qualifications.
QANTAS AIRWAYS LIMITED – ASX QAN, AUSTRALIAN LICENSED AIRCRAFT ENGINEERS’ ASSOCIATION, FEDERAL COURT OF AUSTRALIA
Original article by Jared Lynch
The Australian – Page: 19 & 24 : 14-Feb-20
Federal Court Justice John Middleton ruled on 13 February that the $15 billion merger between Vodafone and TPG should be allowed to proceed. The Australian Competition & Consumer Commission had vetoed the merger in May on the grounds that it would leave market power in the hands of three big telcos, but Justice Middleton said leaving Vodafone and TPG as separate entities would not create more competition in the retail mobile market. Communications Minister Paul Fletcher said the merger is likely to benefit consumers and lead to greater competition.
TPG TELECOM LIMITED – ASX TPM, VODAFONE AUSTRALIA LIMITED, FEDERAL COURT OF AUSTRALIA, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, TELSTRA CORPORATION LIMITED – ASX TLS, AUSTRALIA. DEPT OF COMMUNICATIONS AND THE ARTS
Original article by Dana McCauley
The Age – Page: 15 : 21-Nov-18
A legal challenge to the merger between the Construction, Forestry, Mining & Energy Union and the Maritime Union of Australia will commence in the Federal Court on 21 November. The Australian Mines & Metals Association is seeking to have the merger declared invalid on the grounds that the two unions were subject to "quasi-criminal" legal proceedings when the merger was approved.
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, MARITIME UNION OF AUSTRALIA, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), FEDERAL COURT OF AUSTRALIA, MASTER BUILDERS AUSTRALIA INCORPORATED, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION
Original article by Ewin Hannan
The Australian – Page: 8 : 14-Nov-18
The Federal Circuit Court’s decision to fine the Construction, Forestry, Maritime, Mining & Energy Union’s for failing to comply with a dress code for workers on a building site has been overturned on appeal. The CFMMEU was fined $51,000 over strike action after a project manager ordered construction workers to wear trousers and long-sleeved shirts at the Newcastle site. Union organiser Pomare Auimatagi was fined $7,500. The Federal Court has ruled that the fines were "manifestly excessive".
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, FEDERAL CIRCUIT COURT OF AUSTRALIA, JOHN HOLLAND PTY LTD
Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 13-Sep-18
The Australian Industry Group estimates employers may have to fork out as much as $8 billion in back pay to "regular" casuals following a recent court decision. The decision involved Workpac and a casual mine driver, with the Federal Court finding he was entitled to be paid accrued annual leave because the hours he worked were regular and predictable, even though he received additional pay in lieu of leave entitlements. The AIG estimates around 1.6 million workers could be deemed "regular casuals", with its calculation of how much they might be owed based on granting them paid leave for the past five years. Employer groups were hoping Workpac would challenge the decision in the High Court, but it has elected not to do so.
THE AUSTRALIAN INDUSTRY GROUP, WORKPAC PTY LTD, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, UNIVERSITY OF ADELAIDE
Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 15-Aug-18
The militant Construction, Forestry, Maritime, Mining & Energy Union has been fined more than $500,000 in two separate court rulings. The Federal Court rejected the union’s appeal against a fine of $306,000 imposed in 2017 over the conduct of its former Queensland president David Hanna. Justice John Logan criticised the CFMMEU’s poor track record regarding compliance with workplace laws and likened the union to its deregistered predecessor, the Builders Labourers Federation. The CFMMEU has also been fined $271,500 for breaching right-of-entry laws.
CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, FEDERAL COURT OF AUSTRALIA, BUILDERS’ LABOURERS’ FEDERATION, AUSTRALIAN BUILDING AND CONSTRUCTION COMMISSION
Original article by Michael Pelly
The Australian Financial Review – Page: 33 : 15-Jun-18
Mills Oakley partner Stuart Gibson says at least 20 defamation cases against Google could proceed after the High Court ruled that Michael Trkulja can take legal action against the digital giant. Gibson represented Trkulja in his bid to overturn the Victorian Court of Appeal’s ruling that he had no prospect of success in his claim against Google. Trkulja launched legal action after search engine results implied that he was linked to Melbourne’s underworld.
GOOGLE INCORPORATED, MILLS OAKLEY LAWYERS PTY LTD, HIGH COURT OF AUSTRALIA, COURT OF APPEAL (VICTORIA), YAHOO! INCORPORATED, UNIVERSITY OF SYDNEY
Original article by David Marin-Guzman
The Australian Financial Review – Page: 9 : 28-Nov-17
The Electrical Trades Union estimates that Queensland apprentices could be owed as much as $A70 million in back pay. Its comments follow the full Federal Court’s decision to uphold a previous ruling by the Fair Work Commission that Queensland employers should have been paying apprentices under federal awards since the start of 2014, rather than under low-paying state awards. Employer groups such as the Master Builders Association and the Housing Industry Association had appealed the Commission’s ruling, as had training group All Trades Queensland.
ELECTRICAL TRADES UNION, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, MASTER BUILDERS’ ASSOCIATION OF QUEENSLAND, HOUSING INDUSTRY ASSOCIATION (QUEENSLAND)
Original article by Phillip Coorey
The Australian Financial Review – Page: 1 & 9 : 30-Oct-17
A study of the Constitution suggests that any ministerial decisions made by the National Party’s Barnaby Joyce and Fiona Nash after 20 October 2016 could be legally challenged after the High Court ruled that they are not eligible to sit in parliament. Labor has made no secret of the fact that it plans to make life difficult for the Federal Government during Joyce’s absence from the House of Representatives. Joyce will have recontest his seat of New England in a by-election on 2 December.
HIGH COURT OF AUSTRALIA, NATIONAL PARTY OF AUSTRALIA, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIAN GREENS, AUSTRALIAN PESTICIDES AND VETERINARY MEDICINES AUTHORITY, ONE NATION PARTY, QUEENSLAND. DEPT OF THE PREMIER AND CABINET, AUSTRALIAN BROADCASTING CORPORATION, AUSTRALIA. JOINT STANDING COMMITTEE ON ELECTORAL MATTERS
Original article by Damon Kitney, Scott Murdoch
The Australian – Page: 17 & 20 : 21-Sep-17
The Australian Competition Tribunal will reassess the proposed merger between Tabcorp and Tatts Group after the Federal Court upheld an appeal against its decision to approve the deal. However, the court has placed a five-day embargo on disclosing its reasons for ruling in favour of the Australian Competition & Consumer Commission, which will give the competition regular limited time to prepare a new submission on the $A11bn merger. The ACCC had argued that several points of law regarding the merger needed to be clarified.
TABCORP HOLDINGS LIMITED – ASX TAH, TATTS GROUP LIMITED – ASX TTS, AUSTRALIAN COMPETITION AND CONSUMER COMMISSION, AUSTRALIA. COMPETITION TRIBUNAL, FEDERAL COURT OF AUSTRALIA, HIGH COURT OF AUSTRALIA, CROWNBET PTY LTD