Case law page 15 of 71

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


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.

Employer told to cough up for testing time

In a significant decision on the nature of work, the FWC has found that the nursing home at the centre of one of Queensland's deadliest COVID-19 outbreaks should have paid employees for the time spent taking rapid antigen tests before the start of their shifts.

Court defers to "specialist" FWC on underpayments claim

In a move that the NTEU warns could have a "chilling effect" on underpayment claims across the economy, the Federal Court has stayed its attempt to claw back millions of dollars on behalf of casual and sessional staff while Monash University pursues a FWC bid to retrospectively vary its agreement.

"Bleak" safety picture derails constable's flex request

The FWC has upheld Victoria Police's rejection of a transit officer's flexibility request because it would exacerbate already "bleak" safety issues arising from understaffing in Melbourne's most crime-affected region.

Vax policy put pressure on workers: FWC

A senior FWC member has described a public transport agency's vaccination policy as "pressur[ing]" workers to "give up [the] fundamental right" to bodily integrity, before ordering it to pay five train drivers sidelined because of their non-compliance.

Court slams gate on quick answer to rail strike question

A court has told the RTBU it will have to wait until next year to learn whether it might be exposed to damages after Sydney Trains workers bargaining for a new deal gave customers "free rides" as part of industrial action over a six-week period.

Woodside's "impertinent" call for evidence: FWC bench

A FWC full bench has lashed energy giant Woodside for its "impertinent" suggestion that a senior tribunal member should have supplied evidence that directions she issued while considering an AWU majority support bid, came from a Commission template.