Case law page 34 of 71

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


Employer's proposed new roles don't need union approval: FWC

The RTBU says it will appeal an FWC finding that its deal does not require NSW Trains to reach in-principle agreement on the introduction of new driver and guard roles for its replacement intercity rail fleet.

Union given "blunt" feedback over flawed FWC case

A senior FWC member has taken aim at a union for exhuming a member's five-year-old allowance grievance, observing that it risked its reputation by unenthusiastically pursuing such a "stale" and "obviously flawed" case.

BHP resumes bid to secure labour hire agreements

BHP will next week make a renewed attempt to win approval for two in-house labour enterprise agreements, after an FWC full bench majority ruled last month that its failure to properly explain the proposed pay arrangements meant the workforce did not genuinely agree. 

Employer's undertakings not enough to save 2007 deal

A dismissed worker and a union that was not a party to a major security company's pre-Fair Work agreement have succeeded in getting it terminated despite opposition from the employer and a number of current employees.


Court scuppers FWO's unlawful strike case against seafarers

The FWO's pursuit of penalties over a crew's "sit-in" on a decommissioned trading vessel has been potentially scuppered by a Federal Court finding that they were not covered by an agreement at the time.

Timing OK, but consultation lacking over uni job cuts: FWC

In an instructive decision on when employers should communicate major job-cutting proposals to workers, the FWC has endorsed Deakin University's timing but told it to engage at an institution-wide level after finding its 15-area carve-up left "no opportunity" for meaningful consultation.

Sacked climate critic subject to conduct code: Full Court

An academic sacked after criticising climate research is considering a High Court challenge after a full Federal Court quashed a finding that James Cook University's code of conduct is "subordinate" to intellectual freedom protections.

BHP labour hire deals not genuinely agreed: FWC

BHP's attempt to win approval of two enterprise deals to entrench an in-house labour hire company that now employs more than 2000 workers across its mining operations has been dealt a major blow by an FWC full bench majority, which has ruled that its failure to properly explain pay arrangements meant the workforce did not genuinely agree.

Union lawyer's oversight no excuse: Bench

A union legal officer's mea culpa over unread emails has not been enough to salvage a late appeal against an agreement, after an FWC full bench found it did not excuse such a "sophisticated" organisation failing to identify that the contentious deal had won approval.