Case law page 25 of 71

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


Court heads off CFMMEU's subterranean turf bid

The CFMMEU has failed in an interlocutory court bid to enter tunnelling sites at Brisbane's $5 billion Cross River Rail Project, in the midst of a demarcation dispute with the AWU.

Lecturer wins 'cancel culture' appeal

In a significant ruling on academic free speech, a university lecturer has been given a second chance to challenge his sacking for superimposing a swastika on an Israeli flag after a full Federal Court found insufficient weight had been attached to an agreement's 'intellectual freedom' clause.

Air traffic operator's 'policy' arguments don't fly: Court

The Federal Court has for the second time this month found that government-owned Airservices Australia failed to meet agreement obligations to consult over changes affecting air traffic controllers, despite its "valiant" attempt to distinguish between 'policies' and 'procedures'.

Employer's perfunctory effort on undertakings sinks deal

A senior FWC member has after highlighting the tribunal's significant efforts to aid compliance with agreement approval requirements thrown out an application made by an employer that thrice failed to give "intelligible" undertakings.

PABO questions trimmed over union objections

A FWC member has sailed past a union lawyer's caution not to interfere in the wording of a proposed strike ballot, finding that an "ambiguous" question should be deleted to avoid perplexing employees voting on it.

Deal approved despite union hints of corporate "ruse"

The FWC has rejected the CFMMEU's attempt to intervene in the approval of a two-worker deal it had no history of involvement in, dismissing concerns that the agreement was as part of a corporate "ruse" designed to cover employees of the business's far larger parent company.

Lockdown did not undermine in-person vote on deal: FWC

The FWC has called out a union bargaining representative for his "unexplained" change of heart about in-person voting for a new deal occurring during a COVID-19 lockdown, noting that his opposition only surfaced after the non-appearance of two holidaying workers helped it get up by a slim margin.

Employers effusive after High Court's black letter ruling

Employers once said to be facing up to $38 billion in casuals' backpay claims have welcomed today's High Court confirmation that contracts are decisive in determining employment types, while workers' representatives have come out swinging.

High Court overturns Rossato ruling

The High Court has today unanimously upheld labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual on consecutive contracts for almost four years.