Case law page 27 of 73

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


Lockdown did not undermine in-person vote on deal: FWC

The FWC has called out a union bargaining representative for his "unexplained" change of heart about in-person voting for a new deal occurring during a COVID-19 lockdown, noting that his opposition only surfaced after the non-appearance of two holidaying workers helped it get up by a slim margin.

Employers effusive after High Court's black letter ruling

Employers once said to be facing up to $38 billion in casuals' backpay claims have welcomed today's High Court confirmation that contracts are decisive in determining employment types, while workers' representatives have come out swinging.

High Court overturns Rossato ruling

The High Court has today unanimously upheld labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual on consecutive contracts for almost four years.


FWC opens door wider for lawyers

A second FWC decision in the space of 15 days has affirmed a less stringent approach to granting legal representation.

"Waterside worker" definition survives pressure test

A FWC full bench has after granting the MUA permission to test the boundaries of what constitutes a "waterside worker" ultimately rejected its bid to revive an application for a majority support determination for control room operators at a liquefied gas storage facility.

Gina's rail deal veered off track: FWC bench

A FWC bench has scrapped a contentious deal covering train drivers servicing the Roy Hill Pilbara mine network after finding the employer engaged in "corporate manipulation" by creating a parallel business to bargain with two newly-hired workers for an inferior agreement.

Bench rejects RAFFWU's Coles majority support bid

An FWC full bench has refused RAFFWU leave to appeal a finding that petitions showing almost 100% of 2000 participating Coles workers want to bargain are not enough to make a majority support determination.

Guaranteed pay rises for all secures CBA deal approval

The FWC has signed off on a new deal for almost 50,000 Commonwealth Bank employees after the employer committed to delivering on the pre-vote impression that everyone would receive a pay rise.

Driving forklift for 95% of time does not make a forklift driver: FWC

The CFMMEU has lost its bid for orders requiring Dulux to bargain with it on behalf of warehouse workers after the FWC found a delegate who spends all but a few hours of his working week operating forklifts is not a forklift driver for the purpose of its eligibility rules.