Case law page 6 of 24

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


Employer told to consult about "inconsequential" changes

Despite affecting less than 1% of its workforce, the operator of Melbourne's Yarra Trams network has been told by the FWC to hold off on further changes to its supply chain area in order to comply with an agreement's consultation obligations concerning "significant effects".


Faulty FWC calculator sinks deal

A company that relied on an FWC online calculator to notify workers of a ballot has had the resulting agreement thrown out for failing to provide the statutory seven-day access period, prompting a senior Commission member to lament his inability to "overcome what is clearly a procedural failure".

Commissioner wrong in assuming tribunal "predisposition": Bench

An order requiring the NTEU to give a university more than the statutory three days' notice of protected industrial action has been quashed by an FWC full bench that found a tribunal member wrongly presupposed that any such action would be suspended by the Commission if it interfered with student exams or graduation.



BOOT will continue to protect every worker's interest: Bench

In a significant rebuff to employer attempts to accelerate agreement approval processes, a five-member FWC full bench as part of its "loaded rates" ruling has affirmed the requirement to apply the BOOT to each and every covered employee.

Bench rejects small company's broad-coverage agreement

A five-member FWC full bench has quashed the approval of a small construction company's enterprise agreement, after CFMMEU modelling suggested it left workers up to $575 a week worse off than the award, but the Commission has cited the types of undertakings that might get it across the line.

Trump backs bargaining fee ruling

US President Donald Trump has hailed a landmark judgment by the US Supreme Court, which ruled that public sector unions cannot collect compulsory "agency fees" from non-members.

Bench quashes "nothing new" greenfields deal

An FWC full bench has made a significant decision on what constitutes new activity when making greenfields agreements, after the CFMMEU described the deal as a "a cynical, industrially incorrigible and flawed attempt to bypass bargaining with its employees and their union of choice".