Case law page 51 of 72

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


FWC bench installs signposts to speed deal approvals

An FWC full bench has issued guidance for the approval of enterprise agreements containing minor errors, finding that employers can give as little as four days' notice of voting and alter the text on template forms as long as workers are not disadvantaged.

Undertakings needed to correct MFB deal's "abhorrent" term

The FWC has rejected a contentious MFB agreement because of terms that hinder workers shifting to part-time employment and permit the United Firefighters Union to block flexible working arrangements, but it has left the door open for the deal's approval with undertakings.

Mine fails to terminate agreement covering no workers

An ASX-listed mining company has failed to persuade the FWC to terminate a 2011 deal no longer covering workers or an operating mine in order to make reopening viable, the tribunal finding in the interests of enterprise bargaining the company should first try to negotiate with the CFMMEU.

Seven-month "leave blackout" breached deal: FWC

A council's imposition of a seven-month "leave blackout" period in a quest for greater efficiencies has run foul of the FWC, the tribunal finding its failure to consult workers over the policy breached best practice and notification provisions in its agreement.

Relax public sector bargaining rules: Bench

An FWC full bench has used a workplace determination to call on the federal government to relax public sector bargaining guidelines, at the same time as it questioned the legal standing of a major department's decision to "go harder" after workers voted down multiple proposed deals.

Unfair procedure no automatic ticket to overturn rulings: Bench

An FWC full bench has upheld a decision that rejected a multinational drilling company's deal without first inviting it to respond to every concern, confirming that a denial of procedural fairness would not have guaranteed a new hearing anyway.

"Dismissive" employer response to FWC sabotages deal

A Christian aged care home's "dismissive" and "disingenuous" response to FWC queries has scuttled an agreement's approval, the Commission finding the employer failed to adequately explain the deal to its predominantly non-English speaking workforce.


Union barking up wrong tree over Guide Dog coverage, says FWC

The Independent Education Union has failed to establish that its rules extend coverage to mobility instructors at Guide Dogs NSW/ACT, despite the ASU reportedly conceding the teachers' union had a better chance of negotiating an agreement for the group.