Case law page 28 of 71

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Gina's train deal finally leaves station

A contentious agreement covering train drivers servicing the Roy Hill Pilbara mine network has finally been approved by the FWC, two years after being unanimously voted up by two employees.

Court rejects bid to stymie Domino's class action

The Federal Court has today accused pizza chain Domino's of "exaggerating" its concerns about a major class action underpayments claim and has allowed it to proceed towards trial.

FWC issues bargaining order in "Hotel California" case

An IR consultant says a FWC decision ordering his client back to the bargaining table will have a chilling effect by confirming the "Hotel California" nature of a bargaining system in which once employers check in, "they can never leave".

High Court rejects "front man" abuse of process case

The High Court has today unanimously rejected "robo-terminal" VICT's argument that the MUA abused lower court processes when it used delegate Richard Lunt as a "front man" for its belated bid to overturn approval of the company's enterprise agreement.

FWC shoots down COVID-19 "one employer policy"

The FWC has shot down an aged care home's "one employer policy" introduced in the chaotic early days of the COVID-19 pandemic, ordering it to re-engage a part-time musical therapist jettisoned after she continued to work at three other facilities.

BHP Coal slugged after "taking the odds" on overtime breach

A judge has in imposing penalties on BMA factored in that management overseeing one of its a coal-loading facilities "took the odds" after being warned they were breaching its agreement by requiring workers to perform 455 overtime hours a year.

MSD granted despite union rebuke over "defective" petition

The FWC has overlooked a union's "typographical error" in misnaming an employer opposed to its bid for a majority support determination, but not before castigating it for eating up the Commission's time by refusing to correct its mistake.

"Approve pay cut or lose your job" not coercion: FWC

A large catering contractor did not coerce its workers when it warned them they would lose their jobs and forgo severance if they failed to approve a pay cut for new employees, the FWC has found.


Union by-pass hiccup for NSW MBA

The NSW MBA's campaign to build a beachhead of non-union agreements is in jeopardy, with the FWC rejecting two deals it found had not been genuinely agreed.