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104 articles are classified in All Articles > Awards > Case law


Undertakings might get MMS deal over line: FWC

In the latest stage of a long battle by power and mining unions against the approval of a "small cohort" non-union agreement for maintenance employees, the FWC has given Mechanical Maintenance Solutions Pty Ltd a chance to provide an undertaking to overcome its failure to ensure the deal was genuinely agreed.

FWO seeks to take piecework case to High Court

The Fair Work Ombudsman will seek special leave from the High Court to appeal a full Federal Court ruling on whether hundreds of casual mushroom workers on non-compliant piecework agreements are entitled by default to be paid hourly rates under the horticultural award.

HR manager's "vague" knowledge of employees' work hinders deal

A major employer has failed to apply the correct award in seeking approval for a new enterprise agreement covering two businesses, the FWC noting an HR manager involved in bargaining had "little to no knowledge" of the work performed by employees.

Split FWC bench upholds contentious labour hire deal

The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.

Pay equity settlement "to ripple across the nation": Union

As more than 18,000 NSW public school administrative and support staff vote on a settlement to their gender equity claim said to boost annual pay by up to $13,500, the PSA and Department of Education are nutting out the degree to which they will jointly acknowledge the gender element.


FWO secures fivefold increase in director's fine

In a decision vindicating the FWO's resistance to the grouping of multiple contraventions for the purpose of setting penalties, the workplace watchdog has won a fivefold increase in fines imposed on an underpaying company director.

Full court upholds accident pay cut in coal award

A full Federal Court has today rejected a challenge to the Fair Work Commission's decision to reduce accident pay in the black coal award from 76 weeks to 52 weeks.

Reliance on web access sinks 13% deal

In the latest FWC decision contemplating whether "minor" procedural or technical errors stand in the way of approving an agreement, a senior tribunal member has shot down a deal that delivered workers a 13% pay rise but relied on them accessing the underlying award via the internet.

Clubs fail in bid to can award, cut penalty rates

An FWC full bench has rejected Clubs Australia's bid to cut penalty rates for more than 100,000 workers by revoking the industry award and folding it into the hospitality award, describing the attempt as inflicting "economic harm" without any countervailing benefits.