Case law page 21 of 72

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


Pay cut not a dismissal: FWC bench

In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.


FWC rejects employer bid to "dictate" ballot agent

The FWC has rejected a bus company’s objection to the TWU choosing a ballot agent with no experience in the transport industry, finding that the Commission cannot dictate the use of one over another.

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.