Browsing: Case law (394 items)


Apparent bias empowers FWC: Bench

A FWC full bench has ruled that Victoria's fire chief displayed an appearance of bias when he decided to suspend two workers for allegedly accessing private work emails at United Firefighters Union Victorian branch secretary Peter Marshall's request.


Qantas subsidiary finally lands IBD

Days after the High Court refused permission to appeal a key decision recognising standby duty as paid work, a FWC full bench has weighed its implications for a Qantas subsidiary's long-awaited intractable bargaining workplace determination.


Court upsets union's case over testing status quo

The Federal Court has put unions on notice about what to expect from status quo provisions in dispute resolution clauses, tossing out the AMWU's bid for declarations and penalties against Opal Packaging for changing the way drug and alcohol tests are conducted.


Thin blue line risked red line in WFH case: FWC

The FWC has pointed to a Victoria Police branch's brush with the "red line threshold" for public sector service delivery as reinforcing the business case for rejecting a prosecutor's request to work from home on Mondays.


MUA leader wins back entry permit

The FWC has restored MUA Sydney branch secretary Paul Keating's entry permit four years after he failed the fit and proper person test, accepting that his arrest for taking part in a peaceful Gaza protest did not sully his clean industrial record in the intervening period.


University told to prefer internal candidates

The NTEU has claimed a significant win for job security in the tertiary sector, persuading the FWC that the recruitment clause in a sandstone university's agreement favours ongoing casual and fixed-term employees over external candidates when permanent or longer fixed-term roles come up.


Bus drivers claw back deductions for work bans

The FWC has more than halved the proportion a private operator of Newcastle's public bus network can dock from the pay of drivers who allow passengers to travel fare free during partial work bans.


FWC to hear "maximum term" employees' case

The FWC will arbitrate a dispute between a research institute and two former employees seeking redundancy payments, after they overcame an objection that only the NTEU is entitled to file the application following the expiry of their "maximum terms".


Extra night shifts do not justify strikes: FWC

The FWC has ordered a health and safety representative to stop organising unprotected strikes for workers maintaining Sydney's trains, after finding no evidence that they faced immediate dangers from an increase in night shifts.


Suspension justified by burden on mums, babies: FWC

A 48-hour midwives strike would have endangered the lives of mothers and babies, the FWC has ruled, in newly-published reasons explaining why it suspended the stoppage.


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