Employers relying on the General Construction Award might have to start paying thousands of civil construction workers overtime instead of shift penalties, after the FWC held that shiftwork rates only apply if they continue the work of others on the same project, for the same client and contract.
An FWC full bench has quashed a tranche of newly-minted horticulture deals, finding they were not genuinely agreed to as potential changes to the award had not been accurately explained to those covered.
"Potentially misleading" claim delays Subway agreement; Setka's CFMMEU takes legal business to Maurice Blackburn; Holiday sweetener seals public sector deal.
The Federal Court has restrained the manufacturer of Vegemite jars and CUB beer bottles from deploying its managers to perform the work of striking maintenance workers while it determines union claims that the strategy constitutes adverse action and a breach of its agreement.
The ANZ Bank has failed to overturn a decision blocking it from relocating an arthritic 68-year-old teller to a more distant branch, an FWC full bench finding that the issues raised were too narrow to enliven the public interest.
The CFMMEU has questioned whether non-BOOT compliant agreements are slipping through the FWC's approvals process after a full bench quashed a three-paragraph decision green-lighting a deal despite the tribunal's own internal analysis warning that it did not pass muster.
The CFMMEU has been lashed for its role in delaying the approval of a three-worker agreement replacing an expired deal, the FWC questioning whether it was pursuing an "agenda" rather than assisting the tribunal as required under the relevant legislative provisions.
The FWC is seeking fresh evidence as to whether the Uniting Church fairly carved out a group of Wesley Mission workers to be covered by a new deal after a larger cohort rejected an earlier offer, while the nurses' union has refused to sign the "unworthy" agreement.
Approving a deal that lacks RDO and TOIL provisions contained in the retail award, a senior FWC member has warned the Better Off Overall Test would become "mired in speculation on subjective and unquantifiable matters" if he had to factor in the personal preferences of each employee.
