The FWC has employed the "quacks like a duck" test and legendary Melbourne Cup winner Phar Lap to reject an online pharmacy's argument that those filling orders in its distribution centre were ineligible for NUW representation because they were engaged in retail tasks rather than "warehousing".
In one of the last wages and entitlements cases pursued by the FWBC, a building subcontractor that used a labour-hire company to distance itself from it employment obligations has been fined $145,000 and ordered to backpay $150,000 to more than a dozen workers.
ResMed's request for a member of a Fair Work Commission full bench to stand aside from hearing its challenge to a majority support determination has been deferred pending the result of a Federal Court appeal.
A FWC full bench has ruled invalid a major company's representational rights notice for departing from strict wording and content requirements, after giving the employer and unions the opportunity to respond to newly-published guidelines on the issue.
Uncertainty remains as to whether electricity distributor Essential Energy can shift some managers and senior technical employees onto individual contracts, despite a FWC full bench overruling an earlier "scope" decision.
The Fair Work Commission has ruled that a casual conversion right in a company's enterprise agreement extends to labour hire employees and is a "permitted matter" under the Fair Work Act.
A Fair Work Commission full bench has rejected Alcoa Australia's appeal against a majority support determination the CFMEU secured last year for high level operators who had traditionally been on common law contracts.
The AMWU has fought off another challenge to its representation of workers at a high-tech respiratory equipment manufacturer, after the Federal Court upheld the Fair Work Commission's power to issue a majority support determination.
Coles Supermarkets is a step closer to putting to ballot a single retail deal covering 80,000 workers, after the Fair Work Commission comprehensively rejected a TWU scope order application for online delivery drivers, finding they were an "integrated and integral part" of the company's retail operations.
An FWC full bench has emphasised that the tribunal should take a "global" rather than "line by line" approach when applying the better off overall test to agreements, while in another ruling the Commission has approved a deal with employer undertakings, despite union misgivings that it was originally voted up by only three employees who have since left the company.
