Case law page 29 of 71

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


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.

BHP could not conceal awkward purpose of meeting: FWC

A BHP worker accused of failing to cooperate with COVID-19 temperature screening should have been told before a meeting that it wanted to question him separately over a colleague's alleged misconduct, but the FWC says the employer did not need to reveal the investigation involved his support person.

Labour hirers not "exempt" from redeployment obligations: FWC

A FWC member has resisted criticising labour hire company Workpac for mishandling the redundancies of five mine workers due to "extraordinary" COVID-19 circumstances but expressed disbelief at resource giant South32's ignorance of its supplier's statutory obligations.

FWC makes termination call on Telstra's zombie AWAs

The Fair Work Commission has declared a provisional view that it will agree to Telstra's request to terminate thousands of so-called "zombie" statutory individual agreements from the Work Choices era.

Not our place to decide whether police transfers fair: FWC

The FWC has expressed sympathy for four police officers facing transfers after they belatedly learned their time in a specialist s-x offenders unit would be capped, but has ruled it lacks power to arbitrate the matter.

"Forensic" decision on evidence sinks MSD bid: Bench

A FWC full bench has thrown out the AWU's pursuit of a majority support determination for a new agreement covering the Ichthys LNG project after finding the union provided "limited" evidence to show that workers met the threshold of being geographically and organisationally distinct.

Tribunal offers blueprint for COVID-19 consultation

The FWC has given Santos, and AWU and the AMWU a recommended framework for consulting over pandemic-related proposals such as quarantining, suggesting they discuss current disputes concerning the gas giant's Cooper Basin workforce with a view to putting it into practice.