A senior FWC member has expressed "no hesitancy" in departing from full bench authorities on whether undertakings can overcome genuine agreement concerns, approving a deal made with two train drivers that will cover an entire workforce on the Roy Hill Pilbara mine network.
The FWC has prevented a large employer from varying an agreement after its HR manager failed to fully address concerns the amendment could remove some employees from coverage without their knowledge.
In a significant decision on the scope of agreements, an FWC full bench has quashed the approval of a deal measured exclusively against the manufacturing award, despite coverage extending to cryogenic insulators and concreters.
RAFFWU has warned Kmart that it should back pay workers tens of millions of dollars in minimum award entitlements or risk a bid to terminate its expired deal, after the FWC rejected its latest agreement over a BOOT failure and an "intentional" exclusion during voting.
Employers relying on the General Construction Award might have to start paying thousands of civil construction workers overtime instead of shift penalties, after the FWC held that shiftwork rates only apply if they continue the work of others on the same project, for the same client and contract.
An FWC full bench has quashed a tranche of newly-minted horticulture deals, finding they were not genuinely agreed to as potential changes to the award had not been accurately explained to those covered.
"Potentially misleading" claim delays Subway agreement; Setka's CFMMEU takes legal business to Maurice Blackburn; Holiday sweetener seals public sector deal.
The CFMMEU has questioned whether non-BOOT compliant agreements are slipping through the FWC's approvals process after a full bench quashed a three-paragraph decision green-lighting a deal despite the tribunal's own internal analysis warning that it did not pass muster.
An employer's advice to workers ahead of bargaining that they would be out of a job and in labour hire if the CEPU negotiated a new deal was "forceful" but adequately presented them with a choice of a union or non-union agreement, the FWC has held.
