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



Employer slugged $53K after ignoring FWC "recommendation"

In a powerful demonstration of the consequences of ignoring FWC recommendations, a court has ordered an employer to pay more than $50,000 in penalties and compensation after it failed to act on a commissioner's call to provide a teacher with details of an investigation before sacking her for allegedly tugging the earlobes of two students.

FWC slays zombie deal presumed "dead"

The FWC has killed off a zombie deal at the request of a leading men's fashion brand that transferred its retail workforce to the higher-paying award in 2019 in the mistaken belief the agreement stopped applying on its nominal expiry.

Employer cannot rewrite deal in its "afterlife": Bench

A FWC full bench has upheld a finding that Qube Ports cannot retrospectively vary expired agreements that no longer cover it in an attempt to avoid a major lawsuit over deductions of "gap" payments from up to 1000 wharfies' remuneration.

Short reprieve for zombie labour hire deal

A labour hire company that sought to convince a FWC full bench to grant a four-year extension to its 2007 zombie deal due to the pressures of the pandemic and economic conditions, including its workers' "wage demands", has won just an extra seven months.

$200K payout after "deliberate" shop steward sacking

A court has ordered an employer to pay more than $200,000 in compensation and penalties for its "deliberate" sacking of two delegates, finding that the dismissals signalled to other employees that engaging with unions could have "serious consequences".

Education union relaunches first multi-bargain case

The IEU's WA branch says it has re-lodged an application for a single interest multi-employer bargaining authorisation to compel Catholic school employers to negotiate on behalf of thousands of general and education support workers.

Bench keeps zombie deal alive for mango picking season

A FWC full bench has extended a mango farm's zombie agreement for one more picking season to fulfil the seasonal worker program's requirement that a single industrial instrument apply for the duration of employment, while it has found the question of whether employees are better off overall is not an "express consideration".

FWC suggests "neutral" alternative to deal's leave clauses

The FWC has given coal miner Peabody until Thursday to respond to its suggestion that it adopt "somewhat more neutrally worded" clauses in a proposed agreement that says workers are "required" to work on public holidays.

Reprieve for zombie deal on kill list

In a decision pointing to the circumstances under which zombie deals can survive beyond December's drop-dead date, a four-member FWC bench has extended a 2004 agreement by almost 18 months after accepting it provides "significantly" better pay than the award and that negotiations have already begun for a replacement deal.