Case law page 15 of 71

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


Employer told to cough up for testing time

In a significant decision on the nature of work, the FWC has found that the nursing home at the centre of one of Queensland's deadliest COVID-19 outbreaks should have paid employees for the time spent taking rapid antigen tests before the start of their shifts.

Court defers to "specialist" FWC on underpayments claim

In a move that the NTEU warns could have a "chilling effect" on underpayment claims across the economy, the Federal Court has stayed its attempt to claw back millions of dollars on behalf of casual and sessional staff while Monash University pursues a FWC bid to retrospectively vary its agreement.

"Bleak" safety picture derails constable's flex request

The FWC has upheld Victoria Police's rejection of a transit officer's flexibility request because it would exacerbate already "bleak" safety issues arising from understaffing in Melbourne's most crime-affected region.

Vax policy put pressure on workers: FWC

A senior FWC member has described a public transport agency's vaccination policy as "pressur[ing]" workers to "give up [the] fundamental right" to bodily integrity, before ordering it to pay five train drivers sidelined because of their non-compliance.

Court slams gate on quick answer to rail strike question

A court has told the RTBU it will have to wait until next year to learn whether it might be exposed to damages after Sydney Trains workers bargaining for a new deal gave customers "free rides" as part of industrial action over a six-week period.

Woodside's "impertinent" call for evidence: FWC bench

A FWC full bench has lashed energy giant Woodside for its "impertinent" suggestion that a senior tribunal member should have supplied evidence that directions she issued while considering an AWU majority support bid, came from a Commission template.

Nobody told us to resume considering appeal: FWC bench

A FWC full bench has taken a union and employer to task for failing to notify it to resume hearing the former's challenge to a contentious hospitality deal under which employees can work "voluntary" additional hours without penalties.

Bench rejects bid to quietly quash greenfields deal

John Holland's failure to identify the significance of a decision rejecting its earlier greenfields deal when applying to have an almost identical one approved "verged on misleading", a FWC full bench has held, quashing its approval while refusing to quietly do so "by consent".

Air traffic operator's penalties sky high: Full court

A Federal Court majority has slashed by more than 65% penalties imposed on a government-owned organisation for breaching agreement obligations, finding them "manifestly excessive".

Pandemic no "stalking horse" to undermine rights: Court

In a detailed examination of a major government department's early response to the COVID-19 pandemic, the Federal Court has rejected union claims that a hastily-conceived working from home policy breached existing arrangements and consultation requirements.