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714 articles are classified in All Articles > Agreements and bargaining > Case law


Hospital operator wins injunction after "misleading" ANMF claims

Ramsay Health Care has used competition laws to win orders restraining a ANMF advertising campaign, after the Federal Court accepted it had an arguable case that the union made false and misleading clams that might damage the company's reputation and scare off patients.

No bargaining orders despite HR manager side-stepping union

The SDA has failed to win bargaining orders against a beauty retailer that froze it out of negotiations for a new deal, after a FWC member had just an hour to weigh the application before voting ended and it won resounding support.

Agreement did not make work "voluntary": Court

The MUA has failed to convince a Federal Court judge that stevedores are owed for days lost through strikes because their agreement supposedly guaranteed 30 hours a week pay once they reached an annual threshold, whether they worked or not.

SDA backing looms large in Coles deal approval

A FWC full bench led by President Adam Hatcher has approved the new Coles supermarkets agreement, after according "significant weight" to the SDA representing at least 33 times more Coles employees than RAFFWU and rejecting the latter's claims that workers did not "genuinely agree" to it.

HR team "should have known better": FWC bench

A FWC full bench has slammed a public health provider's HR team for its "inappropriate" response to queries about late payment of 'nauseous work' and education allowances for an estimated 220 employees, concluding that the delay amounted to an underpayment capable of attracting a penalty.

CFMEU did not threaten workers over strike vote: FWC

A construction company has failed in its bid to stop potential strikes amid claims of union interference in the protected action ballot process, the FWC pointing out that it cannot make orders preventing industrial action yet to be endorsed or notified.

Court backs FWC role in case that led to HR manager referral

In a significant judgment on the FWC's powers, a full Federal Court has today dismissed a major hospitality group's claim that a Commission bench exhibited bias when it voiced its concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.

Deal approved over CFMEU's "granular" objections

In a decision with echoes of the CFMEU's failed opposition to a controversial non-union power industry deal that went all the way to a full Federal Court, the FWC has approved a civil construction agreement after rejecting the union's "granular" approach to explaining its terms.

Umpire asks paymaster to attend bargaining talks

The FWC has urged the Defence Department to send "an authorised and properly instructed representative" to deadlocked bargaining negotiations at the Australian Submarine Corporation.

FWC puts bank's zombie deals in the vault

Union support has not proved enough for a clutch of CBA workers to have their zombie AWAs extended, after a FWC full bench accepted the bank's efforts to ameloriate any losses arising from transferring to its existing enterprise agreement.