An employer has failed to convince the FWC that suspending industrial action would improve the chances of reaching agreement before the business is transferred to a new owner.
The FWC has again thwarted major aviation services company Aerocare's long quest to replace its now-terminated 2012 agreement, finding that an updated 2018 deal still failed the BOOT despite attempts to allay split-shift concerns.
An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.
A class action law firm claims an underpayments case on behalf of an estimated 8200 current and former hospitality workers reveals a widespread problem of employers relying on pre-Fair Work "zombie agreements" to undercut the award
The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.
Employers will no longer pursue a new "perma-flexi" casuals classification as part of the FWC's four-yearly review, as they are confident that legal challenges or legislative change will avoid a requirement to provide additional entitlements to these workers.
In a decision affirming the FWC's expanded ability to use undertakings to approve agreements, a controversial non-union power industry deal made with a handful of employees has been rubber-stamped despite concerns about how it was explained to those it covers.
The FWC has referred its decision to terminate a nominally-expired greenfields agreement to general manager Bernadette O'Neill to consider whether its 2014 approval relied on inaccurate statutory declarations made by the employer's managing director and a CFMMEU State leader.
In a decision emphasising the "reasonable steps" employers must take in explaining proposed agreements to workers, the FWC has refused to approve a large labour hire company's deal after a "lost opportunity" to clarify its terms and its failure to present sufficient detail about information sessions.
The FWC has rebuffed a worker's bid to remain anonymous in opposing an employer's application to terminate an agreement, finding their concerns of "possible acrimony" did not unseat the principles of open justice.
