Browsing: Case law | Page 11 (902 items)


Secrecy would foster worker-manager exchanges: Employer

The FWC has rebuffed an employer's bid to suppress the identities of employees cited in a manager's witness statement for an intractable bargaining case, after highlighting that they had not sought that their conversations or names be kept secret.



Right to request flex work overrides agreement terms

The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.


7% above-award rates fail to offset lower penalty rates

A FWC presidential member has clarified the Commission's "global" approach to the BOOT and warned that agreements that pay only slightly above-award will attract greater scrutiny, in rejecting a West Australian coffee chain's proposed agreement.


Casuals headcount sinks offshore deal

In a significant use of the Fair Work Act's new casual definition, a FWC presidential member has refused to approve a multinational company's offshore deal after finding the vote "mathematically unsafe".


Compulsory award allowances not part of base wage: FWC

In a decision upending unions' understanding of what constitutes the base rate of pay under the pilots award and undoing an underpayments claim, the FWC has held that it does not include general wage-related allowances even where they form part of the minimum payment.


Outsourced CFMEU explainer not enough to secure deal

The CFMEU construction division's Queensland branch has suffered another setback in its continuing quest to penetrate major civil projects in the State, with the FWC's rejection of a deal brokered with an earthmoving company after finding the union's own industrial officer failed to properly explain it to workers.


Deal's big pay cut not adequately explained: FWC

The FWC has put a global services giant's proposed new catering agreement at a Queensland mine on hold after weighing claims of casuals being parachuted in around voting time against hard evidence that it will cut workers' pay by more than $10,000 a year.


Employers fail to repel SJSP orders

A four-member FWC full bench has knocked back arguments by the host employer at a NSW open cut coal mine and its labour hire providers that it would be unfair and unreasonable, or even unconstitutional, to grant same-job, same-pay orders.


Whether surgery elective irrelevant to sick leave bid: FWC

The FWC has ruled an employer had a right to refuse to pay sick leave to a worker recently warned about his "particularly excessive" use of the entitlement, while finding it nevertheless "irrelevant" whether cosmetic surgery or a burst appendix explained his absence.


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