Case law page 37 of 72

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


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.

Bench cools union attempt to reheat undertakings argument

A full bench has again affirmed the FWC's ability to use undertakings to overcome concerns about how deals are explained ahead of a vote, rejecting a CFMMEU challenge to the redetermination of a controversial power industry deal.

HR manager's "troubling" reliance on selective review

The FWC has rejected a major utility's attempt to introduce a zero blood-alcohol regime for its 2500-strong workforce, calling out management for a "selective" policy review and failing to alert unions that it would treat first breaches as serious misconduct instead of issuing a warning.


Another dunking for offshore deal

A labour hire company's successor agreement has again failed to win approval from the FWC, despite an undertaking aimed at addressing a finding that it told workers their rates of pay would rise when they would actually fall.

Senior member fumbled Hungry Jack's deal: Bench

An FWC full bench has finally approved Hungry Jack's' 2019 national agreement a year after it won overwhelming support, delivering a withering assessment of a tribunal member's handling of a matter that "went badly astray".

Recycling COVID-affected vote not "capricious": FWC

Baiada workers have voted to accept the same deal they rejected a month ago, after the FWC dismissed a union bid for bargaining orders to return the chicken giant to COVID-affected negotiations.

COVID-19 redundancies didn't follow script: FWC

In the first significant pandemic-related dispute over mass lay-offs to come before the FWC, the Federal Court's transcription service provider has been criticised for making "hollow" consultation promises and reminded to treat workers "with dignity in this time of crisis".

FWC bench "asked wrong question" about deal variation: Full court

A full Federal Court has quashed an FWC full bench agreement variation ruling that endorsed a senior member's belief that he could not consider evidence about the intended meaning of a clause because he did not interpret it as ambiguous.