Interpretation of agreements page 6 of 30

292 articles are classified in All Articles > Agreements and bargaining > Interpretation of agreements


Commissioner went off grid in timesheet dispute: Bench

A tribunal member, at the urging of a union, placed too much emphasis on employer Ausgrid's investigation rather than the conduct of workers accused of timesheet fraud, a FWC full bench has ruled.


Pay members for taking RATs: Union

The ANMF will continue to pursue a nursing home it says should be paying members for the time it takes to perform a COVID-19 Rapid Antigen Test before entering the facility, despite the FWC find it unclear "what possible basis" existed to make such a claim.

Suspended cardiologist seeks court bypass

An eminent cardiologist facing multiple allegations of inappropriate behaviour towards colleagues and patients, including that he said he did not "give a shit" about a patient's pacemaker, is seeking court orders calling off an investigation and revoking his suspension.

HR manager's "zero interest" in debating vax policy: FWC

A government corporation's HR manager had "zero interest" in discussing workplace COVID-19 vaccination requirements with a worker who justifiably raised the matter under an agreement's dispute terms, the FWC has found.

Change laws to reflect new ruling: Bench

A finding that the FWC cannot keep dealing with disputes brought under old agreements once a new deal comes into effect has produced "arbitrary, anomalous and nonsensical outcomes" and is wrong, a full bench has held, calling for an amendment to the Fair Work Act to reflect the new precedent.

"Predisposed view" did not scuttle consultation: FWC

A senior FWC member has thrown out a union challenge to a Commonwealth-owned business's COVID-19 vaccination mandate, while observing that having a "predisposed view" does not mean an employer has failed to genuinely consult about new policies.

Flexibility bid driven by antipathy to virus jab: FWC

The FWC has observed that a Victorian worker's application to work full-time from home under flexible work arrangements was largely motivated by her opposition to COVID-19 vaccinations, in upholding her employer's refusal of her request.

Pay cut not a dismissal: FWC bench

In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.