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.
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.
The FWC has rejected a massage therapists' deal on the basis that extra wording in a preamble and at the end of the representational rights notice might have affected employees' interpretation and detracted from key messages.
A full Federal Court has delivered a pointed rebuke to FWC President Iain Ross, finding it could not consider a challenge to the decision of a Commission full bench he led because it was not, "with respect, any decision. . . at all".
The FWC has refused the RTBU's bid for a scope order so that it can negotiate separate agreements for Australian Rail Track Corporation's operational employees and their office-based colleagues, finding that even if it could ignore "sloppy" position descriptions in the application, a carve-out would not improve bargaining.
A McDonald's franchise that says it can otherwise stop workers from going to the toilet if it provides a 10-minute paid break contained in their agreement has told a court that Queensland's WHS Act does not entitle employees "to be protected from cruel and inhumane working conditions".
An employer that unilaterally reduced the classification levels of two workers previously handed a pay upgrade has failed to convince the FWC it had no power to intervene in a contractual issue "masquerading" as an enterprise agreement dispute.
The FWC in endorsing a deal for the Super Retail Group and its 10,000 employees has published a detailed chronology to demonstrate that "there is no 'go slow' on agreement approvals".
The importance of 'choice versus direction' in determining whether employees are working or not has been highlighted in an FWC decision considering the case of boat masters and crew having their unpaid meal breaks interrupted to assist passengers on multi-day dive trips.
An IT specialist with a major bank has failed to persuade the FWC that deployment to a new cloud-first role represented an agreement breach because it placed unreasonable demands on his fading capacity to learn.
