Case law page 2 of 34

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


Federal cops' industrial action to target pollies

Federal Police officers might impose protected bans on accompanying low-risk politicians at airports and attending low-security MPs' and senators' functions, if a protected action ballot that closes early next month wins approval.

Scope questions torpedo Coles PABO bid

RAFFWU will challenge the rejection of a PABO bid targeting Coles supermarkets and Liquorland outlets after the FWC found it failed to genuinely bargain on behalf of salaried managers it wants to include in a multi-employer deal.

FWC offers no remedy for CSL's bargaining complaints

Biotechnology giant CSL has failed to win rare bargaining orders sought against two maintenance unions after the FWC dismissed a HR manager's "flimsy" evidence that contractors had been intimidated by a picket.


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.

Business sale restarts casual conversion clock: FWC

The FWC has held that it cannot deal with a worker's casual conversion dispute as the recent sale of the business she works for has restarted the clock on her requirement to complete 12 months' service with her current employer.

Pay discount upheld for drinking, smoking teacher

A teacher who smoked and lifted a cask of wine above his head to drink from its tap during a video meeting to discuss online learning during a COVID-19 lockdown has failed to overturn a decision to dock his pay for a year.

"Defective" notice grounds Flying Doctor strike

Protected industrial action by Royal Flying Doctor Service nurses has been put on hold after the ballot agent named the wrong union on the voting report.

Bowel disease, custody issues not enough for WFH order

A worker with inflammatory bowel disease has lost his bid to use the Secure Jobs Act flexible work provisions to resist a request to return to the office 40% of the time, the FWC finding it will boost his employer's ability to lift his productivity and allow others to benefit from his experience.

Extended notice would curb worker bargaining power: FWC

A FWC presidential member has taken a harder line on extending notice periods for protected action, rejecting Virgin Australia's bid to increase warnings of strikes and bans from three to seven days, because it would result in diminished worker bargaining power.