Browsing: Interpretation of agreements (342 items)


"Unique" circumstances provide basis for variation: FWC

A "unique situation" has given a FWC member the confidence to make a rare agreement variation order in circumstances where no common intention during bargaining could be established.


Misconduct warranted ambo's relocation: Tribunal

After a FWC full bench finding that bullying must be assessed within a "spectrum of seriousness", a member has affirmed in redetermining a paramedic's challenge to a 350km transfer that his treatment of a subordinate constituted serious misconduct.


Cyclone stand-downs permitted, but are they lawful?

The FWC has ruled that Woodside's agreement does not prevent it sending offshore platform employees to work in Perth when a cyclone hits, but doubts remain about whether such a direction is lawful and reasonable.


Recusal a recognition of "human frailty": FWC member

A FWC presidential member has recused himself from re-hearing an agreement variation case after observing that a bystander, "recognising human frailty", might appreciate his disinclination to reach different conclusions based on the same set of facts.


Workers can bank on WFH after FWC ruling: FSU

The FSU says employers are now on notice that they must have genuine business grounds for refusing flexible work arrangements, after the FWC made orders to enable a Westpac employee to work from home to care for her children, finding "no question" her role can be "performed completely remotely".


Court bars NTEU's bid to challenge UTS cutbacks

A court has temporarily barred the NTEU from pursuing a FWC dispute application challenging a UTS decision to suspend enrolments into more than 100 courses, a month after SafeWork NSW lifted a prohibition notice pausing planned layoffs at the university.


Bench confirms power to overrule flexibility knockbacks

A FWC full bench has rejected an employer's challenge to a finding that it must grant an employee's flexible work request, upholding a decision that reaffirms the precedence of NES provisions even when inconsistent with the terms of an enterprise agreement.


"Newborn" limitation excludes worker from PPL

The FWC has today ruled a paramedic ineligible for primary carers' parental leave to tend to for his six-month old baby, because the enterprise agreement covering him only enables carers of newborns to access the entitlement.


ABC fine a warning against caving to cancel culture

Senior ABC managers failed to consult in-house IR and legal experts and "blithely ignored" risks when the organisation "capitulated" to critics and sacked presenter Antoinette Lattouf over her political views on the Gaza war, which warranted a substantial penalty to deter a recurrence, Federal Court judge Darryl Rangiah found today.


Union permitted to parachute into dispute: FWC

A pilots' union will weigh into a tussle over the Flying Kangaroo's alleged ditching of an A380 captain's exclusive parking arrangements near Sydney Airport, after the FWC rejected the airline's contention it cannot intervene as a "third party" in a member's agreement dispute.


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