Case law page 2 of 33

323 articles are classified in All Articles > Industrial action/disputes > Case law


Bowel disease, custody issues not enough for WFH order

A worker with inflammatory bowel disease has lost his bid to use the Secure Jobs Act flexible work provisions to resist a request to return to the office 40% of the time, the FWC finding it will boost his employer's ability to lift his productivity and allow others to benefit from his experience.

Extended notice would curb worker bargaining power: FWC

A FWC presidential member has taken a harder line on extending notice periods for protected action, rejecting Virgin Australia's bid to increase warnings of strikes and bans from three to seven days, because it would result in diminished worker bargaining power.

Supposed "psycho-social hazard" no excuse for stoppages: Court

In a matter closely examining when building workers can down tools in response to potential safety risks, a court has found that two union officials breached workplace laws when involved in effectively shutting down a major construction site over concerns about a fire hydrant and a belligerent project manager said to pose a "psycho-social hazard".

Strikes loom as Sydney Water workers reject proposed deal

Sydney Water is facing potential industrial action as early as tomorrow, with unions this morning expected to tell the FWC that members have rejected the tribunal's recommended deal to settle their bargaining dispute.

Ingham's workers' pay win after picket deemed beyond FWC powers

Striking Ingham's workers in two states are set to earn an average $100 more a week under an in-principle agreement struck on the back of 24-hour stoppages and a rancorous picket, after the FWC found that it could not make a s418 order to stop the blockade.

Red union president facing sack after appeal fails

The president of a nursing "red union" faces the sack from her hospital job after failing to persuade an appeal court that unauthorised media comments fell under protected industrial activity.

"Urgent fix" required for post-PABO mandatory talks: UWU

A union involved in more than 20% of the FWC's s448A compulsory conciliation conferences since they started in June says they come with a significant "risk versus reward overlay" that threatens to derail protected action and an "urgent fix" is required.

Newsflash: High Court rejects Qantas outsourcing challenge

The High Court has today unanimously held that Qantas took unlawful adverse action against nearly 2000 former ground crew when it outsourced their jobs at the height of the coronavirus pandemic, when their agreements were due to nominally expire.

No option for second post-PABO mandatory conference: FWC

A FWC member has issued the "strongest recommendation" for AMWU members at an Ampol refinery to cease industrial action and vote up a new deal, after expressing her view that she lacked the power to convene a second post-PABO compulsory conciliation conference.

Unions don't need to telegraph strike plans: FWC

Failing to alert an employer to strike plans does not amount to a failure to genuinely try to reach an agreement, the FWC has ruled in rejecting a company's bid to block a protected action ballot.