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



Reliance on web access sinks 13% deal

In the latest FWC decision contemplating whether "minor" procedural or technical errors stand in the way of approving an agreement, a senior tribunal member has shot down a deal that delivered workers a 13% pay rise but relied on them accessing the underlying award via the internet.

Redetermine means "to determine the matter again": FWC bench

An FWC full bench has confirmed that redeterminations require the tribunal to contemplate matters afresh, quashing a senior member's orders that would have allowed her to consider just three specified issues and limit evidence in revisiting Alcoa's bid to bin its WA deal.

FWC rejects axing of deal workers did not know existed

The FWC has refused to terminate a decade-old agreement after hearing a construction company's workers did not know it existed and observing that there was "no evidence whatsoever" about the individual employment arrangements now in place.


Full Federal Court ruling clarifies super obligations

Employers with workers on annualised salaries have only to pay superannuation on standard hours at ordinary rates of pay, a full Federal Court led by Chief Justice James Allsop has ruled.

Unwelcome longer commute opens path to redundancy

A veteran bank teller with grandchild caring responsibilities has persuaded the FWC that it would be unreasonable for her position to be relocated to branches requiring extra driving time of 70 minutes each day.

Miner denied chance to address deal termination concern: Bench

The FWC will reconsider a mining company's bid to terminate an eight-year-old agreement covering no workers, a full bench finding a senior member gave it no opportunity to address his concern that it would not be in the public interest prior to talks with the CFMMEU.

FWC tosses back union's documentary "fishing expedition"

The FWC has labelled a "fishing expedition" an attempt by the United Firefighters' Union to access a vast array of documents from the Metropolitan Fire and Emergency Services Board, in an alleged dispute over budget cuts the union claims will negatively impact its members.

BHP cleared to make "lifestyle" roster changes

The FWC has affirmed BHP's right to introduce roster changes recognising "lifestyle arrangements" and made a call on what constitutes "significant" support for them, after the CFMMEU failed to establish that an agreement clause only allows for bottom-up instigation.