Case law page 11 of 71

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


Union seeks underpayment fix after FWC refuses to change deal

The NTEU is calling on Monash University to rectify $9 million in alleged underpayments to casual teachers after the FWC rejected a bid to retrospectively vary its agreement, while its vice chancellor and soon-to-be Victorian Governor says that without a "grand bargain" their payment systems will remain an "unproductive source of contestation".

$65K for worker sacked for telling contractor "take a sickie"

Resources giant Santos has been ordered to pay $65,000 to a worker sacked for telling a contractor to "take a sickie" during a strike, the FWC finding the dismissal harsh after weighing his long and unblemished career.

Higher bar for unapproved ballot agents in future: FWC

The FWC's national practice leader for bargaining has started the clock on compulsory conciliation while a strike vote is conducted, having also used one of the first applications under new workplace laws to suggest that while the "recency" of the provisions made a case for endorsing an unapproved ballot agent, the bar will be higher in future.

RAT request did not use "mandatory" language: FWC

The FWC has rejected a union bid to bill an aged care provider 15 minutes' overtime for workers required to have rapid antigen tests before each shift, but held that the employer "could and should have done more" to clarify its position.

Worker's pursuit of travel time pay hits FWC roadblock

A road crew member's pursuit of payment for travel time between his accommodation and remote sites has produced a clear list of winners and losers, after the FWC confirmed the employer's view that whoever is behind the wheel on the way 'home' is working while their co-worker passengers are not.

Academic's 'cancel culture' win on hold

A Sydney University lecturer sacked for superimposing a swastika on a posted image of an Israeli flag has nominally won his job back, pending the result of the institution's appeal against a finding that his 2019 dismissal breached its agreement's intellectual freedom clause.

Union celebrates "significant" pay hike for Qantas workers

The ASU says it has secured big wins in a newly-approved Qantas deal after the Flying Kangaroo agreed to backdated 3% annual pay rises, an additional 3.6% from last week for a majority, greater roster stability and no outsourcing of members' ground handling work, though it will shift about 850 "senior professionals" onto individual contracts.

FWC "condemns" union's off-limits analysis of deal

A senior FWC member has continued to resist CFMMEU intercession in the approval of non-union deals, condemning it for straying beyond his direction that it confine its submissions on a demolition company's rollover agreement to a BOOT assessment.

Long-haul flights squeezed as Qantas, pilots square off

The Federal Court will weigh into a stoush between Qantas and the AIPA over whether the union is unreasonably withholding permission to allocate newly-recruited pilots to its A380 super-jumbos, with the FWC staying a similar dispute over the airline's ability to appoint them if it already has enough bids from its current cohort of more senior flight crew.

Employers warned over redeployment "prejudices"

An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.