Case law page 40 of 72

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


No 'go slow' on agreement approvals: FWC member

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".

FWC deep-dives on nature of work

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.

Bank not in deal breach despite IT worker's cloud-based fears

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.

"Arbitrary" coverage of high earners sinks deal

The FWC has rejected a coal mining deal that would have let a new Qube subsidiary "arbitrarily" determine coverage by excluding those paid above the high-income threshold.


FWC refuses to backdate axing of McDonald's deal

The SDA and RAFFWU are warning part-time McDonald's workers against signing new contracts that reduce their shift hours or switching to casual employment before transitioning to the award, after the FWC last month granted their rival bids to terminate the 2013 agreement.

Latest Aerocare deal fails BOOT as award reversion looms

The FWC has again thwarted major aviation services company Aerocare's long quest to replace its now-terminated 2012 agreement, finding that an updated 2018 deal still failed the BOOT despite attempts to allay split-shift concerns.

Bench quashes pre-undertakings deal approval

An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.

Merivale class action targets "zombie" deal

A class action law firm claims an underpayments case on behalf of an estimated 8200 current and former hospitality workers reveals a widespread problem of employers relying on pre-Fair Work "zombie agreements" to undercut the award

Undertakings soar over genuine agreement hurdle: FWC

In a decision affirming the FWC's expanded ability to use undertakings to approve agreements, a controversial non-union power industry deal made with a handful of employees has been rubber-stamped despite concerns about how it was explained to those it covers.