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Employment class action against Airservices grounded after ‘fatal’ judgment
Employment 2019-07-26 9:55 pm By Miklos Bolza

A class action against the Federal Government’s Airservices has been dismissed after a “fatal” ruling that group members were not covered by enterprise agreements they argued had better terms than their own individually negotiated contracts.

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Country Care slams prosecutors for ‘argumentative’, ‘vague’ criminal cartel case
Competition & Consumer Protection 2019-07-02 9:08 pm By Miklos Bolza

Country Care Group has criticised the DPP for the “argumentative” tone of the notice setting out its criminal cartel case against the mobility equipment provider, and has secured an order for further clarity from prosecutors.

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Judge says sorry for delayed Osteo Gel judgment as penalty hearing set for 2020
Competition & Consumer Protection 2019-06-07 12:34 pm By Miklos Bolza

A Federal Court judge has apologised for “upsetting the applecart” and taking “too long” to publish his judgment in the consumer regulator’s case against GlaxoSmithKline and Novartis over packaging for now discontinued painkiller Osteo Gel.

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Prosecutors take axe to Country Care criminal cartel case
Competition & Consumer Protection 2019-05-21 10:09 pm By Cat Fredenburgh

The Commonwealth Director of Public Prosecutions has pared its criminal cartel case against Country Care Group and two individuals, cutting over 100 charges in an indictment that details two alleged cartel agreements the Australian mobility equipment provider entered into in relation to bids on NSW government tenders.

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GSK narrowly defeats ACCC’s case over revised Osteo Gel packaging
Competition & Consumer Protection 2019-05-17 11:44 pm By Cat Fredenburgh

GlaxoSmithKline has defeated claims by the ACCC that revised packaging for its now-discontinued pain killer Osteo Gel misled consumers. The drug maker will face penalties for earlier violations it admitted to, but the court hinted the damages will be nowhere near the $6 million competitor Reckitt Benckiser faced in a similar case.

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Ultra Tune’s excuse for missing appeal deadline doesn’t wash, ACCC tells court
Competition & Consumer Protection 2019-05-07 9:07 pm By Amelia Birnie

The consumer regulator wants a court to throw out Ultra Tune’s appeal of a $2.6 million penalty after the national car repair franchise filed its challenge more than a month late because its lawyers “miscalculated” the deadline.

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Wilson Security can roster overtime to dodge Sunday penalty rates, appeals court confirms
Employment 2019-04-26 10:32 pm By Christine Caulfield

Security guard union United Voice has lost a challenge to a ruling that found Wilson Security could legally allocate overtime to Sundays over a four-week roster to avoid paying penalty rates.

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Court slashes record $2.5M fine against CFMMEU over two-day strike
Employment 2019-04-05 11:23 pm By Christine Caulfield

An appeals court has reimposed penalties against the Construction, Forestry, Maritime, Mining and Energy Union, its NSW branch and nine officials for unlawful industrial action at Barangaroo, but dropped the total fine from $2.5 million to $1.7 million.

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Airservices managers left worse off under individual contracts, class action trial hears
Employment 2019-04-02 9:31 pm By Miklos Bolza

Lawyers for a class action against the Federal Government-owned Airservices told a court Tuesday that higher salaries on individually negotiated management contracts did not leave managers better off than they would have been under relevant collective enterprise agreements.

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Trial in novel employment class action against Airservices set to begin
Employment 2019-03-29 8:39 pm By Miklos Bolza

Trial in a class action over employment contracts for Airservices’ managers that allegedly left the staff worse off than relevant enterprise agreements kicks off Tuesday, with the parties first battling it out over whether the agreements even cover the employees.

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