Case law page 1 of 28

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


BHP rail deal sent down spur by former HR leader

BHP's hopes for quick approval of a new deal covering its Central Queensland coal train drivers have been derailed by a newly-appointed FWC member who was previously its head of HR.

FWC backs deal for Esso's outsourced supplier

The agreement for Esso's outsourced maintenance labour supplier MTCT has won FWC endorsement after it accepted that the hundreds of casuals who voted the deal up validly approved it because they worked at least one shift in the period before the ballot.

No service required to trigger 120-hour leave entitlement: FWC

An injured coal mineworker has won back 120 hours personal leave denied by resources giant Peabody when he took more than a year off, the FWC finding he was not required to provide a service to be eligible for the entitlement.

Company can't unilaterally end income protection scheme: Bench

In another blow to stevedore DP World as it weathers a campaign of rolling strikes, an FWC full bench majority has upheld a ruling that it was not entitled to unilaterally end an income protection scheme for its container terminal employees.

Company can't choose union bargaining representatives: FWC

In the midst of rolling stoppages across DP World's container terminals in four cities, the FWC has told the company to comply with its good faith bargaining obligations by dropping its objection to the participation of an injured MUA WA branch delegate in negotiations for the Fremantle deal.

Week-long rolling stoppages hit the docks

About 1800 waterfront workers have today begun a campaign of rolling strikes at DP World container terminals across Australia this week, after the MUA and stevedore failed to reach agreement on a new enterprise deal.

Workers' $130,000 windfall. . . if they can be found

A multinational company has won a rare stay on orders that it pay 173 former detention centre workers more than $130,000 in unpaid allowances, after the Federal Court found the union pushing their case had no record of their whereabouts.

Employer can ask claustrophobic tradie to work in enclosed spaces: FWC

A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.

Deal approved despite union's concern over undertakings

In a decision clarifying the extent to which employers can address shortcomings in order to finalise an agreement already voted on, the FWC has approved a black coal deal opposed by the CFMMEU after accepting it would not be "substantially" changed by 14 undertakings.

Union had right to be heard on non-union deal: Bench

An FWC full bench has clarified when non-bargaining representatives opposing agreement approvals have a right to be heard, clearing the way for the CFMMEU to test whether a wrongly-declared representative is incapable of being covered by a deal.