Case law page 57 of 72

The CFMEU says it is confident in its challenge to an agreement Thiess struck with three maintenance workers prior to securing a major mining contract, after a full Federal Court remitted the employer's appeal on the basis that an FWC full bench wrongly denied the union "the fruits of its victory".

In a decision signalling potential judicial pushback against so-called "sham" agreements, a Federal Court has quashed a two-year-old deal approved by three employees that now covers more than 1000 mining services workers, ruling that the employer made inadequate efforts to explain a document benchmarked against 11 different awards.

The Fair Work Commission has ordered Glencore subsididary Oaky Creek Coal to stop conducting surveillance of locked-out employees of its Oaky North underground coal mine in Queensland.

An FWC full bench will today hear aviation services company Aerocare's appeal against the tribunal's rejection of its proposed enterprise agreement.

In a landmark judgment upholding a casual employee's right to convert to permanency on a "like for like" basis, the Federal Court has concluded it should fine Toll more than $40,000 and order it to compensate a freight handler for refusing to grant his request for full-time employment from May last year.

The FWC has found it has no basis to suspend industrial action by CEPU members at the Australian Submarine Corporation, because a campaign of 162 half-hour stopworks is yet to begin, but has warned it would be likely to issue orders to provide for an agreement ballot in a strike-free environment if circumstances change.

An FWC full bench has upheld a decision that found workers should be paid for unworked overtime hours under an inclement weather provision that applies to enterprise agreements across the Icthys LNG project near Darwin.

In an unusual case in which a coffee chain franchisee has convinced an FWC full bench to quash its agreement after claiming it and an IR consultant provided false evidence to win its approval, the tribunal will refer their statutory declarations to the Federal Police to investigate whether they have committed any crimes.

The FWC has revoked three decisions issued last week that terminated Pizza Hut's national and Queensland agreements, saying they were issued "due to administrative error".

The Fair Work Commission has rejected an argument that non-regular casuals should not be counted in a majority support determination.