Case law page 36 of 71

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


Tribunal weighs arbitral powers under old deals

A Fair Work commissioner has rejected fellow tribunal members' "erroneous" interpretations of an established authority to dismiss a classification dispute commenced under a since-expired deal.

Potential "wide ramifications" in court's stand-down ruling

In a matter a judge has speculated could have "wide ramifications" regarding stand-downs, Qantas and Jetstar have won an injunction stopping the FWC from arbitrating a dispute concerning hundreds of engineers rendered idle by the pandemic.

Court rejects ER manager's bid to represent employer

A judge has shot down an ER manager's bid to represent her employer in an adverse action case in which she is accused of criminal behaviour, observing that her own interests might "colour" her ability to effectively perform the role.

No sick leave obligation after COVID-19 stand downs: Court

Unions are calling on Qantas to permit sick workers to continue accessing paid personal leave entitlements while stood down due to the coronavirus, despite the Federal Court ruling today that it is not obliged to do so.

"Chasm" between deals an existential threat: Employer

Citing a failure of the IR system and an uneven playing field created by old deals continuing to operate, a security company has on the basis of exceptional circumstances sought approval for an agreement acknowledged as failing the better off overall test.

"Outraged" whistle blowers take their case to FWC

National Rugby League referees have for the second time in two years found themselves before the FWC as they contest a decision to cut from two to one the number officiating games from the competition's planned re-start on May 28.

Senior FWC member attracts more heat as BHP deals quashed

An FWC full bench will rehear BHP Billiton applications to approve two hotly-contested in-house labour hire deals after expressing concern, for the second time in a month, at the way a senior tribunal member handled a matter.

HR manager's vote helps cruel deal's termination

The FWC has dismissed a company's application to terminate its nominally-expired agreement after discovering that its HR manager was among a group of ineligible employees who voted up the proposal.

Multinational faces fine for unpaid allowance

A multinational's trouble-plagued deal for a major LNG project has again come back to bite it, with the Federal Court finding its arguments about unpaid allowances created "confusion" rather than clarity.

Union decries approval of small cohort mining deal

The FWC has approved a coal mining deal first suspected to be "bordering on a sham" due to calculated steps to employ four "clean skin" and two "friendly" probationary workers to negotiate it in near-record time.