Case law page 8 of 71

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


Don't "rubber stamp" supported bargaining bids: AiG

The Australian Industry Group has weighed into the early childhood education and care sector supported bargaining test case to tell the FWC it is not its job to "rubber stamp" applications even if all parties desire it and to warn of significant implications for those who might be "selectively excluded" but risk being roped in later.

Extending zombie deals shouldn't dampen negotiations: Bench

A FWC full bench has trimmed a union-sought extension to three zombie deals covering more than 500 IT workers after factoring in the Secure Jobs legislation's inherent "policy preference" for agreements negotiated under the Fair Work Act.

Court stays silica dust case until FWC ruling

The AWU's pursuit of fines against builders John Holland for allegedly denying an official lawful access to test silica dust levels on Australia's biggest road project has been put on hold, after a judge accepted that the FWC is the best forum to quickly determine entry rights when workers' health is potentially in jeopardy.

Umpire roasts Qube for backtracking on deal

The FWC has panned rail operator Qube for "reneging" on an in-principle enterprise deal with the RTBU, after rejecting the union's bid to terminate industrial action that allegedly presented a threat to community safety and welfare.

RAFFWU secures "historic" ballot for Woolies strike

The FWC has cleared the way for RAFFWU to ballot its Woolworths members on whether to take multiple forms of industrial action and will require the supermarket giant to attend a conciliation conference next Wednesday in what the unregistered union says is a "historic" win.

Zombie AWA out of tune with times: Bench

The FWC has reinforced its view that zombie agreements should not be extended "merely" because the parties are in harmony, observing that nothing is stopping a charity funded by Australia's orchestras from negotiating a new deal with its valued finance manager.


Employer slugged $53K after ignoring FWC "recommendation"

In a powerful demonstration of the consequences of ignoring FWC recommendations, a court has ordered an employer to pay more than $50,000 in penalties and compensation after it failed to act on a commissioner's call to provide a teacher with details of an investigation before sacking her for allegedly tugging the earlobes of two students.

FWC slays zombie deal presumed "dead"

The FWC has killed off a zombie deal at the request of a leading men's fashion brand that transferred its retail workforce to the higher-paying award in 2019 in the mistaken belief the agreement stopped applying on its nominal expiry.

Employer cannot rewrite deal in its "afterlife": Bench

A FWC full bench has upheld a finding that Qube Ports cannot retrospectively vary expired agreements that no longer cover it in an attempt to avoid a major lawsuit over deductions of "gap" payments from up to 1000 wharfies' remuneration.