The "re-negotiation" of an agreement takes place when a new deal comes into force, rather than when parties first begin bargaining, the Federal Court has ruled.
In a decision traversing the circumstances in which the FWC will make findings about the legal status of Fair Work regulations, a full bench has rejected a bid to quash a coronavirus-driven agreement variation on the basis that recently-repealed shorter access provisions were invalid.
The FWC has varied a construction supply company's newly-approved deal after the ABCC objected to its consultation clause, maintaining it was inconsistent with the building code's freedom of association requirements.
A senior FWC member exceeded her powers when, in considering a majority support determination application, she ordered the AEC to ballot employees at the Commission's expense, a full bench has found.
An FWC full bench has overturned the approval of a labour hire deal, finding a "disjunction" between its scope and the roles performed by workers meant it should not have been found genuinely agreed.
Ignoring a union's frequent letters challenging whether it could make senior engineering appointments on a temporary rather than permanent basis gave Jetstar no standing to claim a deal's dispute resolution process had not been correctly followed, the FWC has ruled.
The FWC has in approving an agreement voted up by two of three workers accepted the employer's claim that union opposition was premised on a "preposterous" conspiracy theory that it manipulated the process by making two CEPU members redundant during negotiations.
A senior FWC member's failure to seek the details of a construction employer's pre-ballot explanation of its proposed agreement has led to it being quashed, after a full bench rejected the proposition that the company could rely on its sworn statement about the process.
Outsourced aviation services provider Swissport has rebuffed the FWC's suggestion that it start afresh rather than continue to seek endorsement of its troubled 2018 agreement, after the TWU flagged that it would challenge the genuineness of the employees' consent.
An FWC full bench has criticised the SDA for its approach in challenging a Prouds Jewellers deal after the union neglected to provide modelling or analysis in support of claims that it failed the better off overall test.
