Case law page 29 of 71

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


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.

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.