Browsing: Case law


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.


Union ranks split over train peace deal

A FWC full bench has expressed disappointment a "demarcation dispute" might derail a Sydney Trains multi-deal despite in-principle agreement, as it gives bargaining parties a 5pm deadline to consider its recommendation to resolve an outstanding ETU claim.


Baking supplier's picket objection falls flat

The FWC has refused to order the UWU to stop picketing that has allegedly blocked access to a major baking supplier's manufacturing facility, finding that it had not impeded bargaining and that the employer produced no evidence of its economic impact.


Coles unlawfully calculating LSL: FWC

The FWC has ruled that Coles unlawfully calculated long service leave payments based on a seven-day rather than five-day week, while acknowledging there is "room for debate" on the meaning of an "ordinary working day", particularly for workers with variable rosters.


FWC directs employer to review bullying finding

In a shot in the arm for a paramedic transferred 350km away after an investigator found he bullied a female colleague, a full bench has ruled that bullying falls within a "spectrum of seriousness" and ordered the redetermination of whether he engaged in serious misconduct.


Training would have helped warring workers: FWC

The FWC has found that an employer failed to implement recommendations from two bullying investigations conducted by the Ai Group and should now consider leadership training for the former manager of a worker who quit after the filing of the dispute case.


Email "snooping" suspension procedurally fair: FWC

The UFU has failed to convince the FWC that Fire Rescue Victoria used a procedurally unfair process when it suspended two workers, after Victoria's anti-corruption body found they accessed private work emails at Victorian branch secretary Peter Marshall's request.


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