Browsing: Case law | Page 84 (848 items)


Spotlight employees better off under award, FWC finds

Employees of national retailer Spotlight will return to award conditions today, after enterprise bargaining negotiations with the SDA failed and the union convinced the Fair Work Commission to terminate the company's first-ever collective agreement.


Newman to push High Court to adopt new test for trading corporation

The Queensland Government has foreshadowed that it will argue for a new test for what constitutes a trading corporation, when the High Court later this year hears a union bid to ensure Queensland Rail workers remain covered by the Fair Work Act despite the state government's de-corporatisation of the rail authority.


Tidewater order followed MUA official's unavailability

The Fair Work Commission's decision to temporarily halt a planned 48-hour strike at Tidewater Marine took into account that an MUA official was unavailable to give evidence in person to the tribunal.


FWC refuses to halt Patrick retrenchments

The Fair Work Commission will allow Patrick Stevedores to proceed with job cuts at the Port of Melbourne, after rejecting an MUA bid for an interim restraining order because the balance of convenience lay with the employer.




Workers had good reason to refuse additional overtime: FWC

Australia Post acted harshly in disciplining two employees who had solid OHS reasons for refusing to work additional overtime, but was entitled to transfer their union delegate for his aggressive reaction to the sanctions, the Fair Work Commission has found.


FWC carpets advocate over "prevarication"

The Fair Work Commission has criticised an employer representative who filed a draft enterprise agreement for approval without sufficient evidence that it had been seen or approved by employees, saying her explanations about the deficiencies "could at best be described as prevarication".


Ruling reduces threshold for majority support bids

A Fair Work Commission full bench ruling has opened the door for unions to seek majority support determinations if they are eligible to represent a single employee to be covered by a proposed enterprise agreement.


FWC knocks out blanket "no extra claims" clause

Ahead of a full Federal Court hearing next month of Toyota's appeal against a ruling that it breached its enterprise agreement when it pushed for changes, the FWC has found that a "no extra claims" clause in a Tasmanian energy agreement is invalid and therefore no barrier to the employer's application to vary the deal.


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