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723 articles are classified in All Articles > Agreements and bargaining > Case law


4.6% initial pay rise under ACOSS deal

The FWC has this week approved a new agreement for the Australia Council of Social Service that lifts pay by the 4.6% rise in award minimum rates, provides new paid cultural and First Nations leave and enables employees to take a substitute public holiday for the January 26 "Invasion Day".

"Deficient" bargaining notice sinks agreement

The legislative changes five years ago to permit the FWC to overlook minor flaws in bargaining notices have failed to save an agreement for an indigenous health organisation.

"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.

"Discontent" inevitable when same work, different pay: FWC

A FWC senior member who once served as Fortescue's HR manager has observed in the course of granting its bid to transfer outsourced workers to a direct-employment deal that doing the same work for lesser conditions "inevitably" leads to discontent and would be "unfair".

Coles free to bargain in separate aisles: FWC

A paid bargaining agent has failed to force Coles to give him a seat at the bargaining table with the UWU, after the FWC rejected his bid for a bargaining order, finding the Act doesn't require a single bargaining unit and that the supermarket giant provided "clear and sensible" reasons for separate negotiations.

Qantas flags High Court appeal in outsourcing case

The TWU has vowed to fight for a substantial compensation package for almost 2000 former ground handlers and Qantas says it will appeal after a full court upheld a finding it took adverse action by outsourcing their roles, but refused to order reinstatement.

Newsflash: Qantas loses outsourcing appeal

Qantas has failed to overturn a Federal Court adverse action finding over its shunning of a TWU in-house bid when the airline decided to outsource the work of 2000 ground-handlers.

Bookstore deal binned after bad review

The FWC has warned that employers cannot delegate their responsibility to properly explain proposed agreements, after a bookstore claimed it relied on RAFFWU and another representative to do so due to "heightened aggression" during bargaining.

WAN lockout over as workers vote on peace deal

The Perth-based newspaper group controlled by billionaire Kerry Stokes has struck an in-principle agreement with three unions, ending an 11-week lockout.

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.