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


High Court set to hear Lunt case

The High Court will next month hear robo-stevedore VICT's bid for a finding that MUA delegate Richard Lunt committed an abuse of process when he acted as the "front man" for the union's bid to overturn an enterprise agreement.

Mondelez influence felt in tribunal leave ruling

The FWC has found "persuasive" the High Court's reliance in Mondelez on ordinary hours to calculate entitlements, dumping a union's attempt to win more annual leave for council waste and recycling workers.

Tribunal clarifies definition of "emergency" carer's leave

After revoking a finding that a worker was entitled to carer's leave as his mother could not look after his children due to COVID-19 concerns, the FWC has found he met the bar for only one day and can "split the different" on repaying the rest.

One-man deal doesn't add up: FWC

The FWC has expressed scepticism in refusing to approve an agreement made with only one employee, rejecting a later claim that the company's director would also be covered.

Qantas defeats claim for bigger redundancy payouts

In holding that Qantas need not include prior service with related entities or casual employment when calculating flight attendants' redundancy entitlements, a senior FWC member has accused the FAAA of "cherry picking" to try to prove otherwise.

FWC's arbitral powers not altered by side deals: Court

The Federal Court has held that a deal struck outside of an enterprise agreement cannot alter the FWC's jurisdiction to arbitrate, and nor do workers need to re-start dispute processes when a new agreement is approved.

Union invites BHP to negotiate in-house labour hire deals

The CFMMEU's mining and energy division has stepped up its push for BHP Billiton to negotiate enterprise agreements at its two in-house labour hire companies, giving notice it wants to formally initiate bargaining.

FWC bench didn't "grapple" with conflicting terms: Full court

An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.

Variation rebuffed for questionable agreement

The FWC has rejected an "incompetent" bid by a company's employment services provider to vary an agreement that does not list it as the employer, questioning whether the deal was validly made in the first place.