Case law page 14 of 71

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


"Extraordinary" admission sinks bid to axe deal

A listed company's "extraordinary" admission that it failed to correct workers who mistakenly believed they had to be union members to negotiate a deal has torpedoed its bid to terminate its agreement.

Super Retail in the gun for subsidiaries' underpayments

In what it claims is its first litigation seeking to have a holding company found responsible for its subsidiaries' breaches, the FWO has initiated court action against ASX-listed Super Retail Group for self-reported underpayments of more than $1 million that led to an internal audit and backpayments exceeding $50 million that the watchdog says remain short of the mark.

HR manager facing criminal sanction after misleading FWC

A FWC full bench has overturned the approval of the Mantle Group's Hot Wok agreement, accusing it of "deliberate manipulation of the statutory process of making enterprise agreements" and is considering referring the company's senior HR manager to the AFP for potential criminal prosecution for deliberately providing false or misleading information to the tribunal.

Deal approved again after corrupting "glitch"

The FWC has today approved an agreement for the second time, after a "computer glitch" corrupted the formatting of the deal endorsed by the tribunal the first time around.

FWC trashes waste giant's "callous" sacking

The FWC has ordered a worker's reinstatement and criticised his employer for its "severely flawed" dismissal process after it used a traffic violation as a "golden opportunity" to dismiss him for riling management by engaging in "covert" and "unlawful" industrial action.

Employer gave "contrary" message about deal's benefits: Bench

A FWC full bench has upheld the rejection of a mining company's deal after shortcomings in the way it was explained denied some workers a chance to cast an informed vote on whether to remain on the Black Coal Award and enjoy "far superior" redundancy benefits and a ban on casual employment.

Deal's nominal expiry date the wrong marker: FWC bench

A FWC full bench has thwarted a multinational company's attempt to end to a 30-year practice of maintenance workers banking two hours' leave a week in lieu of pay rises, finding a member wrongly concluded the arrangement could be changed when its agreement reached its nominal expiry date.

Transfer distances company from fraudulent, corrupt past

The FWC has approved a company's transfer of employees to a newly purchased entity, to remove any connection to an associated entity embroiled in fraud and corruption and the risk of "brand damage".

FWC member stands aside from hearing vax dispute

A FWC commissioner has recused himself from hearing a vax-hesitant university worker's dispute after accepting that views he expressed during unsuccessful conciliation raised doubts about his impartiality.

HR manager ducks questions amid self-incrimination fears

A HR manager facing potential criminal charges has before a FWC bench refused to answer nearly 100 questions seeking to establish whether he lied on the application form for a contentious agreement that provides for employees to work "voluntary" additional hours without penalty rates.