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


Bench quashes deal with "extraordinarily wide scope"

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.

Jetstar's "unresponsive" ER manager ignored dispute: FWC

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.

FWC rejects union's "preposterous" conspiracy theory over deal

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.

Employer's sworn statement not enough to approve deal: FWC bench

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.

Swissport to press for deal's approval, after TWU flags new challenge

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.

Union's challenge to jeweller's deal not gold standard: FWC

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.

FWC bench clips tribunal's own wings

In a significant ruling on FWC powers, food manufacturing giant Simplot Australia has overturned a finding that the tribunal can keep dealing with disputes brought under old agreements once a new deal comes into effect.

High Court grants VICT special leave, but on limited basis

The High Court has this morning granted special leave for Victoria International Container Terminal to appeal a full Federal Court ruling that cleared the way for what it maintains is a bid by a MUA "front man" to seek to overturn its enterprise agreement.

Unions' petition of offshore workers not "rigged": FWC

Granting unions a majority support determination for a highly casualised group of maintenance workers on offshore oil and gas facilities, the FWC has rejected an employer's claim they sought to "rig" the outcome by cherry-picking the best time to circulate a petition.

FWC backs Coles' weekend rostering arrangement

The SDA has failed to establish that rostering provisions in the Coles Supermarkets agreement should stop the supermarket giant from forcing a team leader with children's soccer and babysitting commitments to increase her weekend shifts.