Browsing: Case law | Page 3 (939 items)


Contested multi-deal shows changes "here to stay": ASU

The FWC has approved a landmark single interest multi-deal covering two councils after one of them lost a Federal Court challenge to head it off, with the ASU now seeking to rope in others and replicate the "template for a fairer future" for regional workers.


"Root and branch" agreement change endorsed

ASX-listed services giant Ventia has achieved a "complete metamorphosis" of a freshly-acquired company's agreement by varying its terms instead of making a new one, in an application that posed an "Aristotelian form and substance problem" for the FWC.


Brewer's opposition to MSD falls flat

A craft brewery owned by the Kathmandu founder's charity has failed to persuade the FWC that its future would be jeopardised by the time and potential financial impact involved in bargaining for its first enterprise agreement.


Clarifying dispute result within FWC's powers: Bench

In a significant decision on the FWC's arbitral powers, a full bench has provided further "clarification" of its ruling in a dispute after an employer "disobeyed" its finding that seven workers should be reclassified at a higher level.


Majority petition within use-by date: FWC

The FWC has accepted that an eight-months-old petition from Ampol workers and the account of a union delegate as proof a majority wants to bargain, rejecting the employer's objections that the document had passed its use-by date.


Casual cohort not enough to render deal non-genuine: Bench

A FWC full bench has canvassed the meanings of "sufficient interest" and "sufficiently representative" in upholding a challenge to the approval of a labour hire company's agreement, voted on entirely by casuals despite extending to permanents.


Carer's leave not a passage to India: FWC

A public servant who claimed he should have received six weeks carer's leave to escort his frail father back to India for a specialist's appointment and physiotherapy has failed to convince a senior FWC member, who found no evidence to suggest he could not have been treated locally.


Care fright no basis for denying ballot: FWC

An emergency care flight service has withdrawn objections to an ANMF protected action ballot of nurses and midwives, and the FWC has found no reason to block it, after the union inserted a caveat to protect patient safety.


HR manager's "snap decision" to dismiss unlawful: Court

The former national HR manager of the country's biggest tug operator made a "snap decision based on... irritation" when she chose to unlawfully dismiss a senior port manager because he rejected a new role central to restructuring plans, a court has found.


$300M bond bill makes redundancies "inevitable": FWC

A senior FWC member has backed a university's approach to consultations ahead of planned job cuts, while observing its unsustainable financial position makes redundancies "inevitable".


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