Browsing: Case law | Page 4 (953 items)


Not enough "overlap" in supported bargaining bid: FWC

As the ASU prepares to bargain for a major single interest multi-deal covering at least eight Melbourne councils, the FWC has rejected a bid for a supported bargaining authorisation covering two local government gardening service providers.


LSL ruling applies to just a single worker

The Federal Court has found that the limits to the FWC's dispute resolution powers mean that its ruling about an agreement's new long service leave clause only applies to the worker that first raised the issue, rather than all covered employees.


CFMEU-brokered deal cemented despite eligibility gap

The FWC has approved a CFMEU-brokered enterprise agreement despite finding the union had no eligibility to represent the industrial interests of workers covered by the deal and no authority to negotiate it.


FWC refuses to halt unilateral agreement change

The FWC has refused to stay a senior member's proposal to unilaterally alter an education and care provider's agreement to boost the pay of service leaders, rejecting the employer's claim that it will cause confusion and resentment if its appeal later succeeds.


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.


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