Case law page 11 of 71

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


Worker's pursuit of travel time pay hits FWC roadblock

A road crew member's pursuit of payment for travel time between his accommodation and remote sites has produced a clear list of winners and losers, after the FWC confirmed the employer's view that whoever is behind the wheel on the way 'home' is working while their co-worker passengers are not.

Academic's 'cancel culture' win on hold

A Sydney University lecturer sacked for superimposing a swastika on a posted image of an Israeli flag has nominally won his job back, pending the result of the institution's appeal against a finding that his 2019 dismissal breached its agreement's intellectual freedom clause.

Union celebrates "significant" pay hike for Qantas workers

The ASU says it has secured big wins in a newly-approved Qantas deal after the Flying Kangaroo agreed to backdated 3% annual pay rises, an additional 3.6% from last week for a majority, greater roster stability and no outsourcing of members' ground handling work, though it will shift about 850 "senior professionals" onto individual contracts.

FWC "condemns" union's off-limits analysis of deal

A senior FWC member has continued to resist CFMMEU intercession in the approval of non-union deals, condemning it for straying beyond his direction that it confine its submissions on a demolition company's rollover agreement to a BOOT assessment.

Long-haul flights squeezed as Qantas, pilots square off

The Federal Court will weigh into a stoush between Qantas and the AIPA over whether the union is unreasonably withholding permission to allocate newly-recruited pilots to its A380 super-jumbos, with the FWC staying a similar dispute over the airline's ability to appoint them if it already has enough bids from its current cohort of more senior flight crew.

Employers warned over redeployment "prejudices"

An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.

Bench slams gate on extra duties

In a decision closely examining when employees can be directed to perform extra duties, a FWC full bench has ruled that a maintenance worker could refuse to remotely monitor an automated gate at a gas supplier's facility.

No pay for pre-shift RATs under aged care deal: FWC

In a decision shedding further light on whether workers should be paid if instructed to conduct COVID-19 rapid antigen tests at home or prior to a shift, the FWC has held an aged care agreement lacks any provision to pay staff for testing at a time of their choosing.

Hot Wok costs rejected as judge ponders "pessimistic" approach

A Federal Court judge has speculated that he might have been "overly pessimistic" when he rejected suggestions that a FWC full bench displayed bias when sharing with parties its concerns about an already-approved agreement.

Svitzer withdraws bid to axe deal

Tugboat operator Svitzer Australia has withdrawn its long-running application to terminate its national enterprise agreement, saying it will focus instead on continuing negotiations with three maritime unions on a new deal.