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


"Undisclosed" IR strategy no basis to halt bargaining: FWC

CSL has fended off interim orders that would have halted negotiations for a new deal for workers at a flagship vaccine-making facility due to start operating in 2026, after unions raised concerns that a leaked internal document revealed plans to undermine existing pay and conditions.

FWC member sharpens "shiftworker" definition

A senior FWC member has delved into arbitral history to offer his own definition of a 'seven day shiftworker' after expressing frustration that there is no "simple" or "unambiguous" description of the term in the many awards it is employed.

Old Hog's Breath deals on the nose: FWC

A FWC full bench has refused to extend the life of zombie agreements for several Hogs Breath Café franchises that left some workers without penalty rates for almost two decades and has rejected their evidence that bargaining is underway.

FWC douses firefighting IBD, urges further talks

The FWC has refused to grant Ventia an intractable bargaining declaration it sought after workers at outsourced Defence aviation firefighting operations in Queensland rejected its unilateral offer, in the tribunal's first contested IBD case determined by a single member.

FWC provides successful conduit between highly-charged parties

The FWC has played a key role in settling a fiery dispute between the ETU and a battery manufacturer, commending them for taking a "cooperative approach" in accepting the tribunal's recommended changes to a proposed deal.

Stop-start traffic control deal gets green light

The FWC has at the second time of asking approved a deal after receiving an undertaking that the employer will not hire anybody under a novel "new entrant" category paying construction workers who become traffic controllers 6% below their award rate at the same time as denying them an industry allowance.

Bench confirms "fetters" on employer's workforce

Svitzer has failed to convince a FWC full bench that it has an "unfettered" right to choose which category its employees fall into regardless of operating procedures at five ports.

Traffic control deal does not pass go: FWC

An employer has failed to win approval for a deal that introduces a "new entrant" category paying construction workers who become traffic controllers 6% below their award rate while denying them an industry allowance, with the FWC unmoved by its argument that they need more supervision.

Refusing to negotiate hampers DPW cool-off bid

Container terminal operator DP World's refusal to bargain while MUA members take protected action has contributed to a FWC finding that it would not be in the public interest to suspend it for a 90-day "cooling off" period.

Split IBD bid into two streams: Cleanaway

The TWU is asking the FWC to hear in tandem its separate bids for intractable bargaining declaration bids at two Cleanaway Waste Management sites, but the company has no truck with that view, saying the context at each location is "very different".