Case law page 21 of 72

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


Full court backs Qantas approach to stand downs

A full Federal Court has upheld findings that Qantas and Jetstar had no reasonable choice but to stand down hundreds of engineers due to coronavirus-driven events outside their control, but one member of the bench has warned that an incorrect interpretation of "stoppage of work" has been allowed to stand.

"Defective" NERR basis for scope orders: FWC bench

In a decision closely examining the FWC's powers to make scope orders, a full bench majority has found that an employer's failure to spell out classifications for a proposed agreement rendered the process "defective".

No guarantee of gold in mine deal: AWU

Workers employed by a major West Australian gold miner have overwhelmingly endorsed a new four-year enterprise deal despite the AWU opposing it because it fails to guarantee annual pay increases.

Texts sufficient to notify shift changes: Bench

In a decision the RTBU expects to have "widespread ramifications" for employers and employees alike, potentially even disrupting sleep, a FWC full bench has held an unread text message changing an impending shift will satisfy Pacific National's notice requirements.

FWO wins initial numbers game against Woolworths

The Federal Court has applied the "precautionary principle" in accepting the FWO's view on the process for calculating underpayments for 19,000 salaried Woolworths employees, while it has also indicated that jointly managing the matter with a similar Coles case "would be useful".

Bench clears way for university to publish course feedback

A university can proceed with plans to publish the results of student feedback on its courses after it overturned a FWC decision that upheld union concerns that the academics delivering them could be identified.

Cost of tugboat masters' strike too great: Tribunal

An "excellent" expert's assessment that tugboat masters' planned protected action could cost the economy hundreds of millions has proved instrumental in convincing the FWC to suspend nationwide strikes.

Territory public sector deal quashed after error comes to light

An FWC full bench has today acceded to the NT Government's request to overturn the approval of its main public sector agreement that covers 13,000 employees, after it lodged the wrong version of the deal with the tribunal.


Crown throws dice on new employee transfer strategy

A finding that engaging Crown's Melbourne and Perth dealers to serve high rollers at its Sydney casino is not a transfer of business has paved the way for others to move workers without the "negative consequences of industrial instruments travelling with them", according to a leading employer-clientele lawyer.