Case law page 7 of 33

327 articles are classified in All Articles > Industrial action/disputes > Case law


No extra notice for potential train bans: FWC

Sydney Trains' request for extra notice of RTBU plans to turn off Opal readers and gates so it could safely do so itself has been rejected by the FWC, a senior member observing that on the employer's own evidence it would only make any potential disruption worse.

FWC knocks back Shell bid to cool bargaining dispute

Shell Australia has after failing in its bid to suspend protected action on its Prelude floating LNG platform decided to delay major maintenance work on the northern WA facility for almost a year.


No foundation for concreter's stand-down claim: FWC

The FWC has rejected a CFMMEU bid to determine a stand-down dispute in favour of an unvaccinated concreter who has largely gone unpaid for the past year while he continues to refuse to comply with his employer's direction to be inoculated against COVID-19.

Workplace rights protections limited, Qantas tells High Court

The bid by Qantas to overturn a Federal Court ruling that it took unlawful adverse action against its former ground crew employees argues that some of the Fair Work Act's protected workplace rights are "time bound".


Humble bookstore deal "most significant" in country, claims RAFFWU

RAFFWU says it is seeking to replicate a Sydney bookstore deal that it describes as the "most significant" retail agreement in Australia, the FWC approving it this week after the employer had a second shot at explaining it to members.

Shoddy undercarriage for interim bans order: FWC

The FWC, in rejecting Sydney Trains' application for an interim s424 order to suspend or terminate protected action by the RTBU and CEPU, has rejected the precedent put forward by the employer as supporting its case.

Change laws to reflect new ruling: Bench

A finding that the FWC cannot keep dealing with disputes brought under old agreements once a new deal comes into effect has produced "arbitrary, anomalous and nonsensical outcomes" and is wrong, a full bench has held, calling for an amendment to the Fair Work Act to reflect the new precedent.

Qantas asking High Court to overturn outsource ruling

The TWU is decrying the Flying Kangaroo's decision to seek special leave from the High Court to challenge the full Federal Court ruling that it took unlawful adverse action when it contracted-out its ground handling functions to prevent workers from exercising their workplace rights to bargain and engage in industrial action, while rival Virgin Australia has told its workforce that it will end its wage freeze.