Case law page 31 of 71

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


Qantas defeats claim for bigger redundancy payouts

In holding that Qantas need not include prior service with related entities or casual employment when calculating flight attendants' redundancy entitlements, a senior FWC member has accused the FAAA of "cherry picking" to try to prove otherwise.

FWC's arbitral powers not altered by side deals: Court

The Federal Court has held that a deal struck outside of an enterprise agreement cannot alter the FWC's jurisdiction to arbitrate, and nor do workers need to re-start dispute processes when a new agreement is approved.

Union invites BHP to negotiate in-house labour hire deals

The CFMMEU's mining and energy division has stepped up its push for BHP Billiton to negotiate enterprise agreements at its two in-house labour hire companies, giving notice it wants to formally initiate bargaining.

FWC bench didn't "grapple" with conflicting terms: Full court

An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.

Variation rebuffed for questionable agreement

The FWC has rejected an "incompetent" bid by a company's employment services provider to vary an agreement that does not list it as the employer, questioning whether the deal was validly made in the first place.


Judge declines recusal request as employer appeal dismissed

A full Federal Court has confirmed that 150 workers were entitled to be paid for the 20-minute bus ride to a major energy project's security gate at the end of each shift, after one of the judges rejected a request to recuse himself because he had acted for the employer during negotiations for the deal at the heart of the dispute.

Golden Parches: Takeaway fined for denying drink, toilet breaks

A court has today praised RAFFWU for its service of the national interest in pursuing a McDonald's franchisee and securing $82,000 in fines against if for sinister, cruel, coercive threats via Facebook posts to deny its predominantly young workforce drink and toilet breaks required under the fast food chain's agreement.


High Court should find Lunt ruling brings justice into disrepute: VICT

Victoria International Container Terminal has asked the High Court to consider whether a full Federal Court brought the administration of justice into disrepute when it failed to find MUA organiser Richard Lunt a "front man" for the union's bid to quash the approval of the stevedore's enterprise agreement.