Browsing: Case law | Page 58 (904 items)


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".


"Sloppy" wording helps sink scope order application

The FWC has refused the RTBU's bid for a scope order so that it can negotiate separate agreements for Australian Rail Track Corporation's operational employees and their office-based colleagues, finding that even if it could ignore "sloppy" position descriptions in the application, a carve-out would not improve bargaining.


WHS Act no shield from cruel conditions, says employer

A McDonald's franchise that says it can otherwise stop workers from going to the toilet if it provides a 10-minute paid break contained in their agreement has told a court that Queensland's WHS Act does not entitle employees "to be protected from cruel and inhumane working conditions".


Company fails to block FWC intervention on pay downgrade

An employer that unilaterally reduced the classification levels of two workers previously handed a pay upgrade has failed to convince the FWC it had no power to intervene in a contractual issue "masquerading" as an enterprise agreement dispute.


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