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


Transferable redeployment terms protect supply chain jobs

The FWC has moved quickly to endorse coronavirus redeployment measures agreed between the UWU and DHL Supply Chain, enabling employees to maintain their terms and conditions while temporarily working in other industry sectors.

Bench queries advice in "hopeless" case

An FWC full bench has taken aim at the legal advice given to a group of Coles distribution centre workers who over the course of four years and four adverse findings continued to pursue what ultimately became a "hopeless" case related to their work duties.


Hungry Jack's approach to deal tough to swallow: FWC

The FWC has lambasted Hungry Jack's for wasting the tribunal's time and resources, causing it to wrongly approve a national deal that was not filed or signed by the actual employer.

Full bench recusal advice not sticking

Another FWC member has rejected full bench advice that they should, in the face of objections, withdraw from arbitrating disputes they have previously conciliated, dismissing claims she displayed "antipathy" towards the union seeking her recusal.

Bench rejects Esso's renewed bid to axe 9-year-old deal

An FWC full bench has rejected Esso Australia's renewed attempt to terminate the enterprise agreement for its Bass Strait oil and gas operations, in what represents the latest turn in a bargaining dispute stretching back to 2015.

"Obvious financial detriment" sinks deal, says bench

An FWC full bench has quashed the approval of a Uniting Church agreement that the nurses' union said was "unworthy" of its secretary's signature after a claimed industrial gerrymander, finding an undertaking introduced "obvious financial detriment".

Bench quashes Gina's rail deal

An FWC full bench has quashed the approval of deal negotiated with two train drivers but set to cover an entire transferred workforce on the Roy Hill Pilbara mine network, finding a senior member failed to properly consider whether the employer took all reasonable steps to explain the effect of its terms.

Agreement's age-based medical exams discriminatory: FWC

A proposed agreement requiring employees aged 50 and over to submit to more frequent medical examinations will be considered for approval only if the term is removed, the FWC has found.

FWC endorses pre-vote emailing of agreement documents

In a case confirming that emailing agreement and award documents and links to workers before they vote for a deal can meet pre-approval requirements, a senior FWC member has also outlined why he prefers to deal with non-party concerns early in the process.