An FWC full bench has made a significant decision on what constitutes new activity when making greenfields agreements, after the CFMMEU described the deal as a "a cynical, industrially incorrigible and flawed attempt to bypass bargaining with its employees and their union of choice".
An employer has been set the challenge of reverse engineering an agreement rejected on the basis it was not genuinely agreed, after the FWC observed that while achievable through undertakings it was nonetheless a "difficult task".
An FWC full bench has quashed a decision not to approve a deal struck between Thiess and three pre-contract employees on the basis it was not genuinely agreed, remitting the Mount Pleasant mine agreement to a single member for redetermination.
The Fair Work Commission has ordered an immediate 4% pay rise for about 13,000 employees of the former Department of Immigration and Border Protection, after noting they have not received any increases for almost five years.
The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.
The Fair Work Commission has reserved its decision on whether Federal Workplace Minister Craig Laundy can intervene in the approval of a new enterprise agreement covering the Melbourne Metropolitan Fire Brigade, an attempt criticised by the UFU as an "unprecedented hijack" of the process.
Virgin Australia can use pilots' entire final pay to meet increasing costs of training new recruits if they leave within three years, under a domestic pilots' agreement that the FWC has approved despite finding it "likely" that the clause is not a permitted deduction.
A full Federal Court has today dismissed an attempt to overturn the Fair Work Commission's rejection of a new enterprise agreement for aviation ground-handling company Aerocare.
In a significant decision on the FWC's power to deal with clashes between agreements and state laws, a tribunal member has found that jurisdiction was established by a combination of health and safety considerations and the absence of legislative reference to exclusive arbitrators.
Bench says employer's "bland" description no help to BOOT assessment; FWC takes chainsaw to gardener's sacking; and Tribunal rejects bid to require witness to appear in person.
