Browsing: Case law | Page 39 (877 items)


Deal torpedoed after employer's "disingenuous" statement

The FWC has waved away as "disingenuous" an employer's claim that it would be left with no employees if it offered award-level entitlements in a proposed deal, observing that various guarantees and undertakings are no substitute for the detail needed to properly conduct a BOOT assessment.


Tribunal rejects challenge to BHP vax mandate

Mining unions have failed to convince a senior FWC member that BHP's vaccination mandate breaches the Privacy Act and that it would be reasonable to let workers confirm their inoculation status via the same check-in method they use to enter a pub.


Tribunal rejects scope bids for BHP OS

The FWC has rejected two unions' competing scope order applications for BHP Operations Services production and maintenance entities, finding that granting their bids would not resolve the key blockage - the company's determination to offer barebones safety net deals rather than comprehensive ones.


FWC ends cruise ship worker's time in pandemic dry dock

The FWC has ordered stevedoring giant Qube to offer redundancy to a Sydney-based employee unable to work since cruise ships stopped operating in early 2020, accepting that alternative work in Wollongong would be "a huge disruption" to his family life.


FWC hits pause on public transport vax mandate

The FWC has "reluctantly" applied the brakes to the NSW Government's COVID-19 vaccination mandate for some rail workers after finding it has an obligation to consider two unions' post-implementation challenges to the policy.


FEG entitlement not dependent on employer's contributions: AAT

The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.


Time's up for zombie deals: FWC

The FWC has warned employers that the "clock is ticking" for Work Choices "zombie" agreements in rebuffing a large employer's bid to keep a 2008 flat-rate deal operating until May or June, coinciding with the 10-year anniversary of its nominal expiry.




Deal's "mere possibility" of future coverage not enough: FWC bench

A NSW company's three-year deal covering prospective maintenance work at Victoria's largest power station has been quashed after less than five months, a FWC full bench finding the "mere possibility" that those who voted the agreement up might in future be covered by it did not justify approval.


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