Case law page 6 of 26

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



Unions pursue national IR manager over alleged underpayments

Three unions have won court approval to argue that the IR manager of a major service provider should be held accessorially liable for alleged underpayment of workers at Esso's onshore and offshore Bass Strait sites.

Employer entitled to stop paying remote allowance: FWC

An employer did not need to continue paying a remote area allowance to detention centre workers transferred to Darwin, despite a management email asserting their entitlements would not be "diminished", the FWC has found

Employer asks court to clarify "future deals" clause

A major civil construction company has launched a Federal Court challenge to the rejection by an FWC full bench of an agreement that it found would allow workers to be covered by future deals ahead of its nominal expiry date.

Hearings set for not so "straightforward" bid to quash Woolies' deal

The FWC will set a week of hearings at the end of February to hear a RAFFWU bid to quash Woolworths' nominally-expired 2012 deal before a newly voted-up replacement is approved, with the retailer and the SDA saying they need time to consult the rest of the workforce.

Unattended petition enough to win majority support determination

The FWC has further clarified the circumstances in which the signatures of a majority of workers can compel an employer to bargain with a union, finding that inviting employees to add their names to a petition occasionally left in an unlocked car did not reduce its force.

Woolies deal faces delay as challenge to old agreement gathers steam

The FWC says RAFFWU's objections to a Woolworths deal it expects to be voted up next week will delay its approval by "many months", as the tribunal orders the retailer to produce wage comparison documents to inform the union's bid to terminate the 2012 agreement.

No hiatus for Esso bid to axe agreement

The AWU and other unions have failed in an attempt to delay the Fair Work Commission's hearing of Esso's application to terminate the enterprise agreement for Bass Strait offshore oil and gas workers.

Employer fined for breaching "important" job security clause

The ETU says a $40,000 penalty against an employer for failing to consult before engaging labour hire workers on inferior pay and conditions sends a message that pre-Building Code job security clauses in agreements are still enforceable.

Aldi deal challenges divide bench

An FWC full bench majority has refused to let the SDA amend appeals of two Aldi agreements to challenge the retailer's use of the word "leader" instead of "employer" in notices of representative rights, holding that the union must wait until the outcome of a judicial review on the same issue.