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Workplace Relations: Endeavour Coal v APESMA

The Federal Court has recently handed down its decision in the long running dispute between Endeavour Coal Pty Ltd (a BHP subsidiary) and the Association of Professional Engineers, Scientists and Managers, Australia. The application concerns APESMA’s application to Fair Work Australia for good faith bargaining orders in relation to its Appin Mine in New South Wales. The Federal Court’s decision is the second appeal in this dispute.

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Workplace Relations: CFMEU v Pilbara Iron Company

The Federal Court of Australia recently handed down a significant decision in relatio to the protections afforded to employees against adverse action by employers. The case is significant because it demonstrates the heavy burden that employers can have managing difficult and cantankerous employees. The principal difficulty is that the burden of demonstrating compliance with the general protections provisions lies on the employer.

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Workplace Relations: Mifsud v Veolia Transport Sydney Pty Ltd [2012] FMCA 167

Mr Misfud was denied redundancy payments owed to him under a collective agreement by his employer, Veolia Transport Sydney, and the issue arose whether they were thus liable to pay a penalty. Mr Misfud also petitioned for indemnity costs, claiming that Veolia's failure to respond to a settlement offer unreasonably furthered his legal costs.

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