Browsing: Case law


UFU pursuit of "attack" source flames out

The FWC has thrown out a UFU bid for dispute orders forcing Fire Rescue Victoria to "take sides" and reveal its role in a report to Victoria's Parliament that criticises an agreement clause requiring union consultation and "consensus" before implementing change.


Intentions exclude "coastal" depot workers from allowance

The FWC has refused to resolve a dispute about whether a remote locality allowance should be calculated on travel by road or "as the crow flies", but has determined, based on the parties' intentions, that a new Gladstone depot would not be covered by the allowance because it is "coastal" rather than remote.


Revivified NSW tribunal asserts its power

The NSW IRC has affirmed its ability to dictate the terms of a corrective Facebook post it forced the HSU to publish and has dismissed a claim that in heading off paramedics' industrial action, a senior tribunal member approached it on the basis that State IR laws don't "tolerate" it during conciliation.


UFU referred over second refusal to produce documents

The UFU's Victorian branch is set to be referred to the AFP after a FWC full bench ran out of patience with the union over its refusal to explain how it came to charge a reputed members' income protection scheme $480,000 in "promotion/management costs".


Government fails to stop detention centre strikes

The UWU has defeated a federal government attempt to end strikes by Serco employees running immigration detention centres, after the FWC found it not unusual for detainees to climb on roofs, set off fire alarms or endure brief lockdowns, as occurred during the industrial action.


Sydney train strike suspension faces challenge

The ETU has lodged an urgent Federal Court bid to challenge FWC orders that suspended industrial action across Sydney's trains network until July, arguing a full bench wrongly treated rail unions as an "undifferentiated whole" and unreasonably advantaged the employers.



Suspension to get union back on track: Bench

A FWC full bench says it suspended industrial action afflicting Sydney's rail network partly to give the RTBU's leadership a chance to "re-establish a greater degree of control" amid suggestions some workers have been going rogue in pushing for a more radical approach.


FWC backs parent's bid for extra remote work

The FWC has overruled an employer's resistance to a working parent's request to work an extra day a fortnight at home to care for his toddler daughter until she reaches two years of age, while rejecting its claims that it would set a precedent for the remainder of its workforce.


Bench resists push to beef-up model clause

A FWC full bench has decided to park its consideration of whether to bring forward the trigger for consultations in model agreement clauses after employers expressed "alarm" at the prospect of requiring it when proposing to introduce a major change rather than when they make a "definite decision".


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