Browsing: Interpretation of agreements | Page 5 (342 items)



Employer not required to produce investigation report

In a case that weighs up employer rights when conducting investigations under commonly-used agreement provisions, a FWC full bench has rejected a worker's request for an investigation report that details his alleged misconduct, but has suggested the employer re-open its probe because it denied him natural justice.


Bus driver entitled to PPL after wife's caesarean section: FWC

In a significant decision on paid parental leave, a FWC presidential member has ordered a State-owned public transport provider to backpay a bus driver who claimed to be the primary carer of his newborn son while his wife recovered from an emergency caesarean section.


Classifications "unlikely to have ever made sense": Judge

In a judgment that casts a harsh light on agreement drafting, a Federal Court majority has described crucial elements of a multinational paint company's since superseded deals as a "jumble of random terms", before quashing a finding that six misclassified warehouse workers had been underpaid.



FWC not barred from scrutinising plagiarism finding: Court

In a significant decision on FWC powers, a court has found that the Commission can dig into a university's finding that an academic plagiarised a student's work to establish whether it breached its agreement's disciplinary processes.


University's workload cap a "soft" limit: FWC

The FWC has laid bare the difficulty of running what amount to underpayment cases against universities, finding in a union-run matter that not only did the employer have no system in place to reliably record hours but that the tribunal lacked the power to order compensation anyway.


Employer fails to freeze representation ruling

An employer has failed to win a stay on a FWC decision knocking back its request to be represented by a lawyer, which would have delayed an underpayments case, after a senior member found its agreement only allows representation for those initiating disputes.


Reasonable for employer to reject flexible work bid: FWC

Victoria Police rejected a crime scene officer's request for a flexible work arrangement on reasonable business grounds, the FWC has held, while urging the parties to embrace a "better than nothing" compromise.


No allowance for paramedic upskilling 200km from home

The FWC has found a paramedic is not entitled to a living-away-from-home allowance as he chose rather than was directed to undertake additional training his employer provided 200 kilometres from his residence.


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