Case law page 60 of 72

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


Reconciliation provision not enough for deal to pass BOOT: Bench

An undertaking that enabled employees who believed they had been underpaid to seek a reconciliation did not create "an enforceable right to any payment", an FWC full bench has ruled in overturning the approval of an enterprise agreement.

Six-hour wait unpaid: FWC

Victoria's police federation has lost a battle to secure overtime for officers working at the 2014 G20 leaders' summit in Brisbane after the FWC concluded they were not working in the six hours between checking out of their hotel and a bus arriving to take them to their homebound flights.

Ross refuses to refer agreement termination "test case" to bench

FWC President Iain Ross has refused the NTEU's bid for a full bench to hear Murdoch University's request to terminate its enterprise agreement, which the union claims is a "test case" that will affect up to 20,000 Western Australian higher education employees.

Transport award a better BOOT fit for mine haulage drivers

The CFMEU is considering whether to appeal an FWC ruling that it is not entitled to cover drivers using a public road to haul coal from a mine, after it failed to convince the tribunal that an agreement should have been compared to a mining award for the purposes of the BOOT.

Aldi wins special leave to challenge FWC's rejection of agreement

The High Court has granted retailer Aldi's application for special leave to appeal a full Federal Court decision that knocked out a controversial agreement but has rejected a bid to challenge a Victorian court's decision to award a chief information officer more than $477,000 in damages.

FWC quashes MSD in want of "distinct group"

An FWC full bench has revoked a majority support determination that would have opened the door for the AWU to start negotiating a single agreement for gas plant operators scattered throughout Queensland Gas Corporation's vast Surat Basin project, after it found they are not an operationally- or geographically-distinct group.

Extended undertaking saves agreement termination for Loy Yang

An FWC full bench has refused to overturn the termination of the agreement for the Loy Yang power station and coal mine, after it accepted that the company's commitment to extend employment protections to three years compensated for an error in the initial tribunal ruling.

Ex parte communications sink agreement

An FWC full bench has highlighted the limits of permissible ex parte communication between parties to agreements and tribunal members, in a ruling in which it found that such exchanges denied procedural fairness to the union objecting to a deal's approval.

FWC approves agreement with detrimental suspension clause

The FWC has approved a new agreement that permits poultry giant Inghams to suspend workers without pay for up to three days during investigations into misconduct, after it found any detriment when compared with the award is outweighed by the deal's benefits.

AMMA asks FWC to correct "errors" in decision

AMMA has asked an FWC presidential member to correct the public record, claiming he was wrong in upbraiding the employer body for its "apparent failure" to inform the Commission about changes to its client's ownership during a good faith bargaining case.