Browsing: Court and tribunal decisions | Page 39 (4,321 items)


Flawed explanations sink Subway franchisee deal

The FWC has refused to approve a Subway franchisee's proposed deal designed to replace a zombie agreement, finding it not genuinely agreed because the employer failed to adequately explain which allowances would be absorbed into the rate of pay, and that penalty and minimum rates would freeze for the life of the agreement.


Woolies workers have crossed the line: FWC

The FWC has ordered the UWU to stop "unlawful picketing" that is blocking access to four distribution centres that supply Woolworths, finding it has undermined the union's good faith bargaining obligations.


Law firm chided over "enormous" class action costs

The Federal Court has criticised Shine Lawyers' "excessive" legal fees and "Rolls Royce" registration process while approving a settlement in a WA stolen wages class action set to leave group members with as little as $10,000 each.


$20K compensation after insensitive "war room" reference

An engineer who lost a close relative in the current Israeli-Palestinian conflict was clearly offended when a manager directed him to move his desk into a project "war room", but his refusal still provided a valid reason for his dismissal, the FWC has found.


"Show of hands" vote thwarts agreement's approval

The FWC has thrown out an agreement approval application because a "show of hands" vote counted by a manager failed to ensure confidentiality, but has confirmed such ballots are permissible.


Workers never immune from redundancy: FWC

A FWC presidential member has underlined that workers are not immune from retrenchment while on leave or working under flexible arrangements, confirming that operational issues warranting severance can arise at any time.


Court enables restraint challenge to be heard in Australia

A recruitment company leader seeking to challenge the restraints in his employment contract and a shareholder agreement has been allowed to continue the case in NSW, after related entities in Great Britain failed to convince the Federal Court to stay the matter because of an exclusive jurisdiction clause.


HR manager's summary sacking a "disproportionate response"

The FWC has found it "disproportionate" to summarily sack a HR general manager accused of creating an "unsafe" environment for her team and calling for their heads when they gave negative feedback, while also rejecting the employer's inference that she opportunistically used her distress over the outbreak of the Israel-Palestine war to explain her conduct.


Discussions do not meet threshold: Bench

The FWC has issued a single interest employer authorisation for two regional Victorian councils, in the first full bench ruling to weigh whether it is barred from approving multi-employer negotiations when a union and an employer party have allegedly agreed in writing to bargain for a proposed single-enterprise agreement.


Pay rises in store for on-hire warehouse workers

The SDA has won same-job, same-pay orders that will lift pay by $8 to $12 an hour for close to 200 labour hire workers placed at a Queensland Kmart warehouse, while it has also, in league with the UWU, secured similar orders that will raise wages for on-hire workers at Metcash by up to $12,600 a year.


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