Browsing: Case law | Page 4 (402 items)



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".


Flexible work disputes moving in wrong direction: Expert

The FWC has become overly focussed on verifying workers' eligibility for flexible work requests by imposing onerous evidentiary requirements on them, which has limited the effectiveness of its new dispute power, a researcher has told the review panel in her response to its Secure Jobs, Better Pay draft report.


No evidence of RTBU covertly organising "sickout": FWC

The FWC has today refused to make a s418 anti-strike order against the RTBU, after finding a "distinct lack of evidence" that it organised a covert campaign to encourage train crew to take sick leave "en masse" that has led to serious disruption of the large parts of the Sydney passenger rail network.


Bargaining not in "mutually exclusive" streams: Court

In a significant judgment on the statutory nature of a "proposed enterprise agreement", a Federal Court has rejected arguments that rail unions lost protection of their industrial action once the bargaining focus changed from a single to a multi-employer deal.


$120 million in compensation for sacked Qantas workers

Qantas will pay $120 million into a fund to compensate about 1800 former ground handling workers for economic and non-economic loss they suffered as a result of the airline's unlawful outsourcing their jobs during the pandemic, though it is not yet clear how much each individual might receive or how this is to be determined.


Unprotected action anathema to collective bargaining system: FWC

Unprotected industrial action undermines collective negotiations because it is "directly contrary" to the Fair Work Act's bargaining regime, Deputy President Gerard Boyce has held in his reasons for finding the UWU's "unlawful" picketing of Woolworths distribution centres breached its good faith bargaining obligations.


Off-duty pamphleting not industrial action: FWC

The FWC has refused an employer's application to stop allegedly unprotected action, finding that two off-duty employees' distribution of campaign materials did not amount to industrial action because it did not alter their performance of work, or disrupt other workers.


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