Browsing: Case law | Page 6 (848 items)


Casuals headcount sinks offshore deal

In a significant use of the Fair Work Act's new casual definition, a FWC presidential member has refused to approve a multinational company's offshore deal after finding the vote "mathematically unsafe".


Compulsory award allowances not part of base wage: FWC

In a decision upending unions' understanding of what constitutes the base rate of pay under the pilots award and undoing an underpayments claim, the FWC has held that it does not include general wage-related allowances even where they form part of the minimum payment.


Outsourced CFMEU explainer not enough to secure deal

The CFMEU construction division's Queensland branch has suffered another setback in its continuing quest to penetrate major civil projects in the State, with the FWC's rejection of a deal brokered with an earthmoving company after finding the union's own industrial officer failed to properly explain it to workers.


Deal's big pay cut not adequately explained: FWC

The FWC has put a global services giant's proposed new catering agreement at a Queensland mine on hold after weighing claims of casuals being parachuted in around voting time against hard evidence that it will cut workers' pay by more than $10,000 a year.


Employers fail to repel SJSP orders

A four-member FWC full bench has knocked back arguments by the host employer at a NSW open cut coal mine and its labour hire providers that it would be unfair and unreasonable, or even unconstitutional, to grant same-job, same-pay orders.


Whether surgery elective irrelevant to sick leave bid: FWC

The FWC has ruled an employer had a right to refuse to pay sick leave to a worker recently warned about his "particularly excessive" use of the entitlement, while finding it nevertheless "irrelevant" whether cosmetic surgery or a burst appendix explained his absence.


CFMEU given chance to pressure-test deal

The CFMEU has been given permission to intervene in the approval of a crane deal despite its members nominating other bargaining representatives.


Government fails to stop detention centre strikes

The UWU has defeated a federal government attempt to end strikes by Serco employees running immigration detention centres, after the FWC found it not unusual for detainees to climb on roofs, set off fire alarms or endure brief lockdowns, as occurred during the industrial action.



Refusal to let workers ponder NERR sinks deal

A company that sprang a meeting on workers at which it compelled them to collectively and immediately select bargaining representatives has failed to win approval of a new deal, with the FWC finding the employer "misled" them.


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