Case law page 68 of 72

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


Employer seeking special leave to challenge "unauthorised" agreements

Agreements covering nurses at three Melbourne private hospitals allegedly made without employer consent are about to come back under the microscope, with the Kaizen Group next week seeking special leave to challenge in the High Court a finding that the FWC was entitled to approve them.

Review supporting material for agreement applications, says bench

An FWC full bench has highlighted the importance of scrutinising the "totality of material" lodged to support the approval of agreements, after it quashed a deal that was passed despite "inconsistent" declarations from a HR manager about compliance with mandatory pre-approval steps.


FWC axes AWU-Cleanevent "sweetheart" deal

The Fair Work Commission has terminated a Work Choices agreement between the AWU and a Spotless subsidiary that saved the employer about $2 million a year in wages and penalty rates.

Phar Lap and quacking ducks help NUW win majority support bid

The FWC has employed the "quacks like a duck" test and legendary Melbourne Cup winner Phar Lap to reject an online pharmacy's argument that those filling orders in its distribution centre were ineligible for NUW representation because they were engaged in retail tasks rather than "warehousing".

Big fine for employer with "cavalier attitude"

In one of the last wages and entitlements cases pursued by the FWBC, a building subcontractor that used a labour-hire company to distance itself from it employment obligations has been fined $145,000 and ordered to backpay $150,000 to more than a dozen workers.

FWC defers ruling on ResMed's apprehended bias claim

ResMed's request for a member of a Fair Work Commission full bench to stand aside from hearing its challenge to a majority support determination has been deferred pending the result of a Federal Court appeal.

Deviation from prescribed wording invalidates notice: Bench

A FWC full bench has ruled invalid a major company's representational rights notice for departing from strict wording and content requirements, after giving the employer and unions the opportunity to respond to newly-published guidelines on the issue.

Bench reconsiders whether managers excluded by agreement

Uncertainty remains as to whether electricity distributor Essential Energy can shift some managers and senior technical employees onto individual contracts, despite a FWC full bench overruling an earlier "scope" decision.