Browsing: Case law (901 items)


FWC bench dims unions' high hopes on electricity deal

Unions' pursuit of a 24%-over-three-years pay rise for Endeavour Energy workers has fallen short after a FWC full bench instead made an intractable bargaining determination delivering 17.8% over four years, rejecting numerous claims the employer did not bargain in good faith.


"Unique" circumstances provide basis for variation: FWC

A "unique situation" has given a FWC member the confidence to make a rare agreement variation order in circumstances where no common intention during bargaining could be established.


FWC rejects "sneaky" PABO bid

A FWC member has criticised a union's "sneaky" application for a protected action ballot at one of nine interconnected workplaces as potentially "dragg[ing]" members into an industrial campaign "they did not authorise".


Contradictor told to hold the pickle

The FWC has warned the CFMEU against a "burger with the lot" approach to pressing its objections to a proposed construction industry deal, after rejecting an employer's complaints that the union had no involvement in bargaining and has no members covered.


Deal permits anti-hooning data capture, feedback: FWC

The FWC has rejected CEPU claims that Queensland Rail will use data from its new GPS-linked vehicle management system to performance-manage employees who brake harshly and accelerate or corner too rapidly.


Misconduct warranted ambo's relocation: Tribunal

After a FWC full bench finding that bullying must be assessed within a "spectrum of seriousness", a member has affirmed in redetermining a paramedic's challenge to a 350km transfer that his treatment of a subordinate constituted serious misconduct.


Talk first, MSD later "a strategic error": FAAA

The FAAA says it will no longer allow the "effluxion of time to be used as a weapon against workers", after protracted efforts to confirm a regional airline's cabin crew remained in favour of a majority support determination backfired in the FWC.


Workpac wins stay, FWC to hear SJSP pay dispute

The Federal Court has found that disputes about same-job, same-pay protected rates should come before the FWC in the first instance, while it has agreed to stay court proceedings until the Commission determines a SJSP dispute involving Workpac on-hire workers at a Queensland coal mine.


Majority rejects "light touch" approach

A FWC full bench majority has quashed a member's refusal to grant an intractable bargaining declaration for highly-paid deputies at a NSW coal mine, finding he wrongly considered that the tribunal's arbitration powers must not be "lightly engaged".


Cyclone stand-downs permitted, but are they lawful?

The FWC has ruled that Woodside's agreement does not prevent it sending offshore platform employees to work in Perth when a cyclone hits, but doubts remain about whether such a direction is lawful and reasonable.


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