Browsing: Case law | Page 2 (402 items)


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.


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.


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