Case law page 55 of 72

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


FWC orders initial 4% pay rise for Home Affairs workers

The Fair Work Commission has ordered an immediate 4% pay rise for about 13,000 employees of the former Department of Immigration and Border Protection, after noting they have not received any increases for almost five years.

BHP worker who flunked drug test allowed to challenge dismissal

The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.

Minister still a chance to intervene in contentious fire deal

The Fair Work Commission has reserved its decision on whether Federal Workplace Minister Craig Laundy can intervene in the approval of a new enterprise agreement covering the Melbourne Metropolitan Fire Brigade, an attempt criticised by the UFU as an "unprecedented hijack" of the process.

Pilots laud new deal, questionable repayment clause included

Virgin Australia can use pilots' entire final pay to meet increasing costs of training new recruits if they leave within three years, under a domestic pilots' agreement that the FWC has approved despite finding it "likely" that the clause is not a permitted deduction.

Full court shoots down Aerocare appeal

A full Federal Court has today dismissed an attempt to overturn the Fair Work Commission's rejection of a new enterprise agreement for aviation ground-handling company Aerocare.

FWC empowered by state safety laws: Commissioner

In a significant decision on the FWC's power to deal with clashes between agreements and state laws, a tribunal member has found that jurisdiction was established by a combination of health and safety considerations and the absence of legislative reference to exclusive arbitrators.

Employer's bland statement no assistance; & more

Bench says employer's "bland" description no help to BOOT assessment; FWC takes chainsaw to gardener's sacking; and Tribunal rejects bid to require witness to appear in person.

Rare ruling on business transfer arrangements favours new employer

In a significant addition to the jurisprudence around "arrangements" between transferring businesses, the FWC has rejected union arguments that the urgent use of an old employer's pathology equipment after a midnight handover should lead to continuing employees being retained on their existing, more generous enterprise agreement.