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


Stopworks not unlawful industrial action: Full Court

A full Federal Court has upheld a finding that agreement-sanctioned union stopwork meetings can be freely used to delay and disrupt business as part of a campaign strategy, but has increased fines for the CFMMEU's coercion of head contractor Hutchison by almost 30%.


Employer not required to pay idle workers at fire-damaged mill: FWC

A Tasmanian wood mill operator that stood down its workforce after this year's bushfires has established that even though its agreement requires workers to be paid for time lost due to such natural events, it does not have to pay them if it is because of bushfire-damaged machinery.

Job security link permits FWC to rule on casual conversion clause

A large pharmaceutical company is obliged to convert labour hire workers to permanent positions after a year's continuous employment, the FWC ruling that the relevant agreement clause was a permitted matter because it promoted job security.

Hiatus for Chemist Warehouse agreement ballot

The FWC has made a bargaining order requiring Chemist Warehouse to delay a vote on a proposed enterprise agreement, as an indefinite strike continues at key warehouses in Victoria and Queensland.

Old-fashioned posting on noticeboard not enough: Union

Unregistered retail union RAFFWU has today questioned Woolworths' decision to display a bargaining notice on physical noticeboards rather than its electronic or "point of sale" systems, during an FWC hearing into its bid to quash the approval of a new deal and clear the way for a $1 billion backpay claim.

Error-stricken air traffic controller's dismissal stayed

The FWC has halted the dismissal of an air traffic controller who in the space of two months assigned the wrong runway and "lost" separation of aircraft at Sydney Airport, finding that "questions of fact" around the employer's obligation to manage his performance needed to first be settled.

Proposed BHP service deal rejected over NERR error

In a decision further clarifying the "minor procedural or technical errors" that can be overlooked in approving agreements, the FWC has rejected a deal capturing employees not contemplated at the time bargaining notices were issued, despite their subsequent involvement in voting it up.

Full court upholds strict rules for bargaining notice content

A full Federal Court has upheld a finding that retailer Aldi issued invalid bargaining notices because it failed to strictly follow the mandatory content requirements when it replaced "employer" with "leader".

Deal's "traditional" notion supports uni's pay cut: FWC

A university's decision to slash casual tutors' rates for online student support almost four years into an agreement has been endorsed by the FWC, despite the member observing that the deal's definition of tutorial harked back to his long-gone days at law school.