Case law page 26 of 72

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


High Court overturns Rossato ruling

The High Court has today unanimously upheld labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual on consecutive contracts for almost four years.


FWC opens door wider for lawyers

A second FWC decision in the space of 15 days has affirmed a less stringent approach to granting legal representation.

"Waterside worker" definition survives pressure test

A FWC full bench has after granting the MUA permission to test the boundaries of what constitutes a "waterside worker" ultimately rejected its bid to revive an application for a majority support determination for control room operators at a liquefied gas storage facility.

Gina's rail deal veered off track: FWC bench

A FWC bench has scrapped a contentious deal covering train drivers servicing the Roy Hill Pilbara mine network after finding the employer engaged in "corporate manipulation" by creating a parallel business to bargain with two newly-hired workers for an inferior agreement.

Bench rejects RAFFWU's Coles majority support bid

An FWC full bench has refused RAFFWU leave to appeal a finding that petitions showing almost 100% of 2000 participating Coles workers want to bargain are not enough to make a majority support determination.

Guaranteed pay rises for all secures CBA deal approval

The FWC has signed off on a new deal for almost 50,000 Commonwealth Bank employees after the employer committed to delivering on the pre-vote impression that everyone would receive a pay rise.

Driving forklift for 95% of time does not make a forklift driver: FWC

The CFMMEU has lost its bid for orders requiring Dulux to bargain with it on behalf of warehouse workers after the FWC found a delegate who spends all but a few hours of his working week operating forklifts is not a forklift driver for the purpose of its eligibility rules.


FWC decries "unedifying" motivation in seniority case

The FWC has avoided "unconscionable injustice" to a female Qantas pilot, finding it lacked the power to deal with colleagues' belated challenge to her seniority during a COVID-19-driven "every man for themselves" scramble for the lifeboats.