The Federal Court has held that a deal struck outside of an enterprise agreement cannot alter the FWC's jurisdiction to arbitrate, and nor do workers need to re-start dispute processes when a new agreement is approved.
An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.
An employee's failure to tell her employer about an eight-hour freelance photoshoot on Channel 9's The Block did not justify its decision to issue her a formal warning, the FWC has ruled.
A full Federal Court has confirmed that 150 workers were entitled to be paid for the 20-minute bus ride to a major energy project's security gate at the end of each shift, after one of the judges rejected a request to recuse himself because he had acted for the employer during negotiations for the deal at the heart of the dispute.
The FWC has reversed an employer's decision to withdraw carer's leave that it promised to a worker whose mother became unable to look after his children because of COVID-19 health concerns.
The FWC has rejected a proposal by Australia's oldest library to split employees' roles into front or back-of-house, pointing out that it couldn't "contradict" changes contained in its nominally-expired deal without varying, terminating or renegotiating the agreement.
The "re-negotiation" of an agreement takes place when a new deal comes into force, rather than when parties first begin bargaining, the Federal Court has ruled.
Ignoring a union's frequent letters challenging whether it could make senior engineering appointments on a temporary rather than permanent basis gave Jetstar no standing to claim a deal's dispute resolution process had not been correctly followed, the FWC has ruled.
An FWC full bench has criticised the SDA for its approach in challenging a Prouds Jewellers deal after the union neglected to provide modelling or analysis in support of claims that it failed the better off overall test.
In a significant ruling on FWC powers, food manufacturing giant Simplot Australia has overturned a finding that the tribunal can keep dealing with disputes brought under old agreements once a new deal comes into effect.
