Case law page 41 of 71

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


Super-union debuts; Bench scuttles offshore deal; & more

NUW deregistered, UWU out of the blocks; Wrong rate claim sinks offshore deal, Bench rules; Google no answer to getting dismissal right; and Cop's bid for early long service leave rejected.

Employer sensibly hedged bets with secretive deals, says FWC

The FWC has held that a construction giant did not breach good faith bargaining requirements by secretly making two greenfields deals with the AWU without telling other unions who believed they were jointly negotiating a project agreement.

Court makes crucial ruling on travel time

In a decision that could have employers re-thinking standard travel and hours terms in agreements, the Federal Court has found in favour of a CFMMEU-backed class action that argued workers should be paid for transit time between security gates and their worksite.

Deleting NERR's union references "herded" employees: FWC

A large employer's decision to excise union references from its representational rights notice has scuppered its proposed agreement, the FWC observing that employees were effectively being "herded" towards two colleagues who had negotiated the previous deal.

Bench rejects Minister's review of 'discriminatory' deal

An FWC full bench has rejected IR Minister Christian Porter's bid to review an already-approved agreement on the basis that it contains discriminatory terms, while it has allowed changes "entirely disposing" of any lingering ambiguities.

Undertakings might get MMS deal over line: FWC

In the latest stage of a long battle by power and mining unions against the approval of a "small cohort" non-union agreement for maintenance employees, the FWC has given Mechanical Maintenance Solutions Pty Ltd a chance to provide an undertaking to overcome its failure to ensure the deal was genuinely agreed.

Rebel retail union opposing fast food deal

The SDA has hit back at claims by RAFFWU that a Hungry Jack's deal awaiting approval in the FWC is the worst since the unregistered union's inception, rejecting contentions that it tries to "casualise part-time work" and denies workers a choice of super fund without paying enough to leave them better off.

Big employer needed "open mind" on leave timing: Court

The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.

HR manager's "vague" knowledge of employees' work hinders deal

A major employer has failed to apply the correct award in seeking approval for a new enterprise agreement covering two businesses, the FWC noting an HR manager involved in bargaining had "little to no knowledge" of the work performed by employees.

Deal approvals require more than "cursory gaze": FWC

A subsidiary of an established mining services company has failed to convince the FWC not to hear from the CFMMEU on a deal covering eight workers at the time it was made, purportedly because the Fair Work Act intends for small business to enter into agreements "without hindrance".