Browsing: Case law (436 items)


Annualised allowances can't be cut during stoppages: AWU

In a case testing the extent to which employers can withhold pay during protected industrial action, the Federal Court today conducted a hearing into the AWU's claim that Chevron unlawfully deducted loading and allowances from workers during stoppages at its WA facilities.


Protester resigns after employer tipped-off

A worker has resigned from Melbourne's St Vincent's Hospital following a FWC finding that her employer can continue with a disciplinary process, after police charged her over a protest at an Israeli restaurant and a doxxing organisation revealed her identity.


FWC upholds rejection of flexible work bid

The FWC has backed a mining company's denial of a worker's request for flexible work to enable her to care for her baby, in a decision finding fairness a "neutral consideration" where both parties have acted reasonably.


First RtD case settles before hearing

Before the first Right to Disconnect dispute hearing, scheduled for this morning, Pacific National resolved the matter in a private conference, leaving the Fair Work Act's RtD provisions untested after 20 months in operation.


Paid meal breaks back on menu after FWC ruling

The FWC has found a private health care provider should re-start consultations about removing a "legacy" condition of paid meal breaks for its longest-serving nurses, after it told them the apparently undocumented benefit is no longer "an option".


Allowance not enough to justify off-duty contact: RTBU

The RTBU will argue in the first right to disconnect dispute hearing that an on-call allowance fails to adequately compensate a worker and the FWC should find reasonable his refusal to answer or make calls on his days off.


Worker fined $9K for "dead dog" threat

The Federal Court has slugged a wharfie almost $10,000 for telling a colleague "You'll end up dead dog" if he kept escorting on-hire workers through a lawful picket during a strike at Fremantle port in 2021.


Tribunal uses rare power to suspend ETU strikes

The FWC has granted a rare order to suspend protected industrial action already under way due to its effect on a third party, finding ETU work bans would result in a 12-month delay to a key element of Queensland's $7 billion Cross River Rail project.


Insufficient evidence to halt strikes: FWC

A senior FWC member has unflatteringly compared a past NSW government's successful application to avert rail strikes with the sparse evidence provided by the Crisafulli Government in last week's failed bid to suspend similar industrial action in Queensland.


No interest in RBA decision suppression bid

A senior RBA employee appealing a failed backpay claim has also now had his bid for suppression of significant details of the FWC's decision rejected by a presidential member who observed that such applications should not be used to "qualify or recast" the tribunal's reasoning.


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