Browsing: Court and tribunal decisions | Page 13 (4,277 items)


Sub-award deal creates unfair bargaining position: SDA

The SDA is challenging what it says is the FWC's failure to immediately terminate a long-expired substandard agreement, arguing that it did not properly consider the unfairness to workers when it allowed the deal to continue to operate for a further three months.


Employment contract made direction lawful: FWC

An employer's request for a medical certificate demonstrating a senior manager's fitness for work after an extended absence would have been unlawful and unreasonable if his contract had not required him to participate in medical examinations.


Annual wage review ruling on Tuesday

The FWC's annual wage review expert panel will hand down its 2024-25 ruling on Tuesday morning, after the newly-returned Albanese Government urged a real increase in the minimum wage and award rates, the ACTU sought a 4.5% rise and ACCI and AIG no more than 2.5% and 2.6% respectively.


Public bullying accusations warranted dismissal: FWC

A spurned TWU delegate found to have aired false bullying allegations against a co-delegate during a meeting at which he referred to him as "kid" and told him to put his "b-lls on the line" by holding a vote has lost his unfair dismissal case, despite his employer's procedural failings.


Former workers captured by IBD: Bench

In a significant decision on the ambit of intractable bargaining determinations, a FWC full bench has found it has the power to require employers to backpay former workers.


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.


FWC member should have heeded union's concerns: Bench

A FWC bench has emphasised the tribunal's need to properly scrutinise proposed agreements in finding that a senior tribunal member failed to follow principles of open justice when refusing to provide a union with the names of applicants for a mining services deal ultimately found to be a sham.


Zero WFH no basis for rejecting alternative job: FWC

A retrenched educator who rejected an alternative role because she wanted to keep working from home at least a day a week has lost her severance entitlements, after the FWC found she did not have a formal right to maintain her flexible arrangements.


Senior mine manager not award-covered: FWC

The FWC has found that a mine superintendent who "supervised supervisors" is not covered by the professional employees award and his pay exceeds the high income threshold, rendering him unable to pursue his unfair dismissal claim.


Deal narrowly approved after casuals count

Employers with significant casual workforces have been given a guided tour of new legislative filters for assessing whether proposed deals are genuinely agreed, in a FWC decision focussing on the Fair Work Act's "employed at the time" provision.


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