Federal Court

Unions representing hospitality, retail and pharmacy workers have challenged the Fair Work Commission's decision to cut Sunday penalty rates in the Federal Court.

A full court of five judges heard the appeal over three days from September 26 against the Fair Work Commission鈥檚 decision that cut Sunday penalty rates for workers in the fast food, hospitality, retail and pharmacy sectors from July 1.

The Australian Building and Construction Commission (ABCC) was dealt another embarrassing blow on March 21.

The Federal Court dismissed all claims against the Construction Forestry Mining Energy Union (CFMEU) after finding prosecutors had made a deal with a confessed blackmailer to give evidence for the Australian Building and Construction Commission (ABCC) in return for staying out of jail.

The Federal Court ruled on December 16 that delays by the Department of Immigration and Border Security (DIBS) in making decisions on citizenship were 鈥渦nreasonable鈥, prompting hope for people with refugee backgrounds in a similar plight.聽

One litigant said: 鈥淭his may set an important precedent for individuals in similar circumstances.鈥

Acting CEO of Refugee Council of Australia (RCOA) Tim O鈥機onnor said the decision was a 鈥渓andmark ruling鈥 which recognised the 鈥渋njustice鈥 citizenship delays had caused.聽

In a landmark decision on December 16, the Federal Court found the minister for immigration Peter Dutton unreasonably delayed making decisions on applications for citizenship by refugees.

The court also ruled that Dutton erred in rejecting the applications for citizenship of two Afghan refugees several weeks after they commenced legal proceedings. The pair had been permanent residents of Australia for more than four years.

On December 16, the Federal Court ruled that delays by the Department of Immigration and Border Security (DIBS) in making decisions on citizenship were 鈥渦nreasonable鈥, prompting hope for people with refugee backgrounds in a similar plight.聽

One litigant said: 鈥淭his may set an important precedent for individuals in similar circumstances.鈥

Acting CEO of Refugee Council of Australia (RCOA) Tim O鈥機onnor said the decision was a 鈥渓andmark ruling鈥 which recognised the 鈥渋njustice鈥 citizenship delays had caused.聽

The federal environment minister Josh Frydenberg has again approved the use of a marine supply base at Port Melville in the Tiwi Islands without an environmental impact assessment and with none of the environmental conditions that were previously imposed.

A spokesperson for Frydenberg said on December 15: 鈥淭he department has decided the operation of a marine supply base at Port Melville is not likely to have a significant impact on the environment and can proceed without further assessment under national environment law.

The Environmental Defenders Office Queensland (EDO), on behalf of the Australian Conservation Foundation (ACF), lodged an appeal on September 19 against the Federal Court鈥檚 finding in August that then-environment minister Greg Hunt鈥檚 approval of Adani鈥檚 Carmichael coalmine was lawful.

The appeal challenges the lawfulness of the court鈥檚 finding that the minister was entitled to find the impact on global warming and the Great Barrier Reef from the Carmichael mine鈥檚 4.6 billion tonnes of carbon emissions was 鈥渟peculative鈥.

About 300 Aboriginal people have joined a class action filed in the Federal Court on September 12 to recover wages they say were stolen by the Queensland government more than half a century ago.

The claim is for unpaid wages held in government trust accounts under Queensland鈥檚 Aboriginal Protection and Preservation Act 1939, which allowed the government to control the earnings of Aboriginal people until 1972. Much of the money was lost or stolen.

Mining giant Adani鈥檚 plan for a mega coalmine in Queensland鈥檚 Galilee Basin was dealt a near death blow on August 5 when the Federal Court set aside approval for the Carmichael licence. The mine, if built, would be Australia鈥檚 largest, exporting up to 60 million tonnes of coal from the Great Barrier Reef coast every year. The federal environment minister gave the $16.5 billion mine and rail project approval in July last year. The current and former Queensland governments have been gung-ho in their support for the mine.