Browsing: Case law | Page 55 (877 items)



Hungry Jack's approach to deal tough to swallow: FWC

The FWC has lambasted Hungry Jack's for wasting the tribunal's time and resources, causing it to wrongly approve a national deal that was not filed or signed by the actual employer.


Full bench recusal advice not sticking

Another FWC member has rejected full bench advice that they should, in the face of objections, withdraw from arbitrating disputes they have previously conciliated, dismissing claims she displayed "antipathy" towards the union seeking her recusal.


Bench rejects Esso's renewed bid to axe 9-year-old deal

An FWC full bench has rejected Esso Australia's renewed attempt to terminate the enterprise agreement for its Bass Strait oil and gas operations, in what represents the latest turn in a bargaining dispute stretching back to 2015.


"Obvious financial detriment" sinks deal, says bench

An FWC full bench has quashed the approval of a Uniting Church agreement that the nurses' union said was "unworthy" of its secretary's signature after a claimed industrial gerrymander, finding an undertaking introduced "obvious financial detriment".


Bench quashes Gina's rail deal

An FWC full bench has quashed the approval of deal negotiated with two train drivers but set to cover an entire transferred workforce on the Roy Hill Pilbara mine network, finding a senior member failed to properly consider whether the employer took all reasonable steps to explain the effect of its terms.


Agreement's age-based medical exams discriminatory: FWC

A proposed agreement requiring employees aged 50 and over to submit to more frequent medical examinations will be considered for approval only if the term is removed, the FWC has found.


FWC endorses pre-vote emailing of agreement documents

In a case confirming that emailing agreement and award documents and links to workers before they vote for a deal can meet pre-approval requirements, a senior FWC member has also outlined why he prefers to deal with non-party concerns early in the process.


Added NERR wording coloured agreement process: FWC

The FWC has rejected a massage therapists' deal on the basis that extra wording in a preamble and at the end of the representational rights notice might have affected employees' interpretation and detracted from key messages.


Full court carpets Ross over "no decision at all"

A full Federal Court has delivered a pointed rebuke to FWC President Iain Ross, finding it could not consider a challenge to the decision of a Commission full bench he led because it was not, "with respect, any decision. . . at all".


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