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


Deal approved despite FWC's own BOOT concerns: Bench

The CFMMEU has questioned whether non-BOOT compliant agreements are slipping through the FWC's approvals process after a full bench quashed a three-paragraph decision green-lighting a deal despite the tribunal's own internal analysis warning that it did not pass muster.

Union lashed over delaying agreement approval

The CFMMEU has been lashed for its role in delaying the approval of a three-worker agreement replacing an expired deal, the FWC questioning whether it was pursuing an "agenda" rather than assisting the tribunal as required under the relevant legislative provisions.

Union accuses employer of "industrial gerrymander"

The FWC is seeking fresh evidence as to whether the Uniting Church fairly carved out a group of Wesley Mission workers to be covered by a new deal after a larger cohort rejected an earlier offer, while the nurses' union has refused to sign the "unworthy" agreement.

Personal preferences would "mire" BOOT, says FWC

Approving a deal that lacks RDO and TOIL provisions contained in the retail award, a senior FWC member has warned the Better Off Overall Test would become "mired in speculation on subjective and unquantifiable matters" if he had to factor in the personal preferences of each employee.

Airline's corporate structure hampers bargaining: Union

The ASU and Virgin Australia have clashed over the former's bid for a majority support determination to open the way for bargaining, the union alleging the airline's organisational structure intentionally impeded the process.

Aerocare to revert to award in six months

The major aviation services company Aerocare will continue to seek approval for a new enterprise agreement after the FWC agreed to terminate an underlying 2012 agreement, with the consequence that employees will be entitled to award coverage.

CFMMEU seeks urgent review of PABO rejection

With the FWC about to redetermine a non-union Latrobe Valley power industry deal made with a handful of employees, the CFMMEU has lodged an urgent challenge to a decision denying it a protected action ballot order on the basis it was too late to propose an alternative, union deal.

Government department denied worker natural justice

In a decision probing the practical application of natural justice and procedural fairness principles in a public transport provider's disciplinary process, the FWC has held that it fell short in concluding that a tram driver tried to "wilfully mislead" an investigation.

BHP rail deal sent down spur by former HR leader

BHP's hopes for quick approval of a new deal covering its Central Queensland coal train drivers have been derailed by a newly-appointed FWC member who was previously its head of HR.

FWC backs deal for Esso's outsourced supplier

The agreement for Esso's outsourced maintenance labour supplier MTCT has won FWC endorsement after it accepted that the hundreds of casuals who voted the deal up validly approved it because they worked at least one shift in the period before the ballot.