In a decision clarifying the interplay between model terms and agreement clauses, a shipping company facing multiple challenges to alleged redundancies has failed to convince an FWC full bench that a model clause cancels out consultation requirements in its agreement.
The FWC has prevented a large employer from varying an agreement after its HR manager failed to fully address concerns the amendment could remove some employees from coverage without their knowledge.
In a significant decision on the scope of agreements, an FWC full bench has quashed the approval of a deal measured exclusively against the manufacturing award, despite coverage extending to cryogenic insulators and concreters.
In a significant decision on the nature of work, the FWC has ruled that employees required to attend a worksite assembly point by a prescribed time before being transported to a pre-start meeting should be paid for the intervening period.
In a decision traversing some of the challenges of protecting hard-won conditions in a difficult commercial environment, the CFMMEU has failed to block the termination of a construction deal no longer covering any workers after the company argued its uncompetitive terms and conditions hampered its ability to win new contracts.
The FWC has dismissed Esso Australia's application to terminate the agreement covering offshore workers in Bass Strait, in the latest twist in a five-year bargaining dispute.
RAFFWU has warned Kmart that it should back pay workers tens of millions of dollars in minimum award entitlements or risk a bid to terminate its expired deal, after the FWC rejected its latest agreement over a BOOT failure and an "intentional" exclusion during voting.
Employers relying on the General Construction Award might have to start paying thousands of civil construction workers overtime instead of shift penalties, after the FWC held that shiftwork rates only apply if they continue the work of others on the same project, for the same client and contract.
An FWC full bench has quashed a tranche of newly-minted horticulture deals, finding they were not genuinely agreed to as potential changes to the award had not been accurately explained to those covered.
