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331 articles are classified in All Articles > Industrial action/disputes > Case law


FWC slams "dishonest" portrayal of meeting site

A FWC presidential member has taken exception to a HSU official's description of a clinical handover area as a meal room suitable for conducting meetings, dismissing it as a "self-serving label. . . border[ing] on dishonest".

Employer "disingenuous" in reprising PABO objections

The FWC has found two types of proposed industrial action against an employer unlawful because they lack specificity, but has also labelled the company "disingenuous" for objecting to the original PABO, withdrawing its concerns and then re-ventilating them a month later.

FWC directs Woolies, union to consult over 1000 disputes

The FWC has directed senior representatives of supermarket giant Woolworths and the UWU to meet and seek to resolve more than 1000 disputes Australia-wide over a new productivity framework in the company's warehouses, after an individual brought his grievance with the regime to the tribunal.

Court penalises major employer for tardy PABO response

In a signal to employers that they must have systems in place to ensure they promptly provide information the FWC requires to launch a protected action ballot, the Federal Court has imposed a substantial fine on waste giant Cleanaway for a short delay in the "time-critical" process, while warning that in more egregious cases larger penalties would be warranted.

CFMEU did not threaten workers over strike vote: FWC

A construction company has failed in its bid to stop potential strikes amid claims of union interference in the protected action ballot process, the FWC pointing out that it cannot make orders preventing industrial action yet to be endorsed or notified.

Dropping claim "at 11th hour" not a good look: Judge

A judge has warned the FWO of a possible "perception" it failed to comply with its model litigant obligations after dropping the "most serious" claim of threatening behaviour from a CFMEU right of entry case as part of a liability deal.

Employer resists compulsory conciliation double-up

An employer is opposing a CFMEU request to have the FWC hold a joint post-PABO compulsory conciliation conference relating to two separate deals for its workers on the Cross River Rail project in South-East Queensland.

Offshore gas workers' stand-downs largely justified: FWC

An employer supplying well workers for offshore gas operations in the Bass Strait was entitled to stand down most of them when Esso suspended their services during industrial action, but the FWC has made a preliminary finding that a small yet "significant" portion might have been unauthorised.

Pilots ignoring course set by union: FWC

An "ineluctable finding" that the AFAP could not persuade pilot members at a Qantas subsidiary to vote up a new deal supported by the union has helped convince the FWC that it should make an intractable bargaining declaration sought by the airline.

FWC can rule on disputed terms after deal approved: Bench

In a significant decision acknowledged as potentially being viewed as "undemocratic", a FWC full bench majority has found it has the power to make a workplace determination on contested bargaining matters after a deal has already been approved by the Commission.