Case law page 20 of 71

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


Coles free to bargain in separate aisles: FWC

A paid bargaining agent has failed to force Coles to give him a seat at the bargaining table with the UWU, after the FWC rejected his bid for a bargaining order, finding the Act doesn't require a single bargaining unit and that the supermarket giant provided "clear and sensible" reasons for separate negotiations.

Qantas flags High Court appeal in outsourcing case

The TWU has vowed to fight for a substantial compensation package for almost 2000 former ground handlers and Qantas says it will appeal after a full court upheld a finding it took adverse action by outsourcing their roles, but refused to order reinstatement.

Newsflash: Qantas loses outsourcing appeal

Qantas has failed to overturn a Federal Court adverse action finding over its shunning of a TWU in-house bid when the airline decided to outsource the work of 2000 ground-handlers.

Bookstore deal binned after bad review

The FWC has warned that employers cannot delegate their responsibility to properly explain proposed agreements, after a bookstore claimed it relied on RAFFWU and another representative to do so due to "heightened aggression" during bargaining.

WAN lockout over as workers vote on peace deal

The Perth-based newspaper group controlled by billionaire Kerry Stokes has struck an in-principle agreement with three unions, ending an 11-week lockout.

Pay cut not a dismissal: FWC bench

In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.


FWC rejects employer bid to "dictate" ballot agent

The FWC has rejected a bus company’s objection to the TWU choosing a ballot agent with no experience in the transport industry, finding that the Commission cannot dictate the use of one over another.

Full court backs Qantas approach to stand downs

A full Federal Court has upheld findings that Qantas and Jetstar had no reasonable choice but to stand down hundreds of engineers due to coronavirus-driven events outside their control, but one member of the bench has warned that an incorrect interpretation of "stoppage of work" has been allowed to stand.

"Defective" NERR basis for scope orders: FWC bench

In a decision closely examining the FWC's powers to make scope orders, a full bench majority has found that an employer's failure to spell out classifications for a proposed agreement rendered the process "defective".