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


Union lawyer's oversight no excuse: Bench

A union legal officer's mea culpa over unread emails has not been enough to salvage a late appeal against an agreement, after an FWC full bench found it did not excuse such a "sophisticated" organisation failing to identify that the contentious deal had won approval.

New deal does not bury old dispute: FWC

A food manufacturing giant has failed to convince an FWC senior member that its new agreement extinguishes the tribunal's jurisdiction to hear a casual conversion dispute brought under the superseded deal.

Leave-purchasing among keys to saving jobs, says uni

A university says its union-supported application to insert COVID-19 leave-purchasing and shutdown measures into its agreements will save an estimated $15 million in return for job security commitments, while other tertiary institutions have sought similar arrangements.

Pandemic no excuse to stop bargaining: FWC

The FWC has ordered a major supermarket supplier to resume bargaining after finding that it was using the current pandemic as an excuse to delay meeting with the UWU.


"Strange" timing as council scraps work-from-home custom

In a case of curious timing, the FWC has endorsed a council's mid-pandemic scrapping of an enduring work-from-home arrangement on the basis it fell outside the purview of a flexible work agreement clause.

Bench rules on when undertakings can be accepted

In a significant decision on agreement-making, an FWC full bench has clarified that the tribunal must reject any undertakings that have a "transformative" effect such that they could have affected workers' votes.

Names on ballots didn't invalidate virus-driven vote: FWC

The FWC has let a construction company bin a 5% pay rise that came into effect in February plus next year's increase, despite CFMMEU evidence that some workers felt pressured to support the COVID-19 variation in a ballot that identified their vote.

No go for invalid vote as deal narrowly terminated

The FWC has approved the union-opposed termination of a clothing company's enterprise deal after observing it was not an "intellectual stretch" for an employee to correctly cast a vote that would have halted it.

No power to "do a re-run" of wrong agreement: FWC

An FWC member has refused to replace an incorrectly-provided draft of a deal with the employee-endorsed final version, finding it should be left to a full bench to consider the employer's "obvious error" in her earlier approval of the agreement.