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


Offshore deal sinks again as HR manager admits ignorance of changes

The FWC has for the second time thrown out a Sodexo offshore deal after hearing its HR manager and an employee involved in bargaining did not understand a swathe of significant changes, leaving "no confidence" it was properly explained to others.

Big W deal approved, reasons "in due course"

The FWC has approved a new Big W deal but is yet to give reasons for rejecting RAFFWU's objections about job security representations and the retailer's announcement immediately after workers voted it up that it would close stores and change rosters.

Gina's inadequately explained rail deal approved via undertakings

A senior FWC member has expressed "no hesitancy" in departing from full bench authorities on whether undertakings can overcome genuine agreement concerns, approving a deal made with two train drivers that will cover an entire workforce on the Roy Hill Pilbara mine network.

Fire-damaged machinery, not bushfires, caused stand down: Bench

A wood mill operator does not have to pay its former workforce for a five-week stand-down period after an FWC full bench confirmed that the time lost was due to damaged machinery, rather than the bushfires that rendered it inoperative in the first place.

HR manager's silence scuttles marine deal variation

The FWC has prevented a large employer from varying an agreement after its HR manager failed to fully address concerns the amendment could remove some employees from coverage without their knowledge.

Cryogenic insulators frozen out of BOOT test: Bench

In a significant decision on the scope of agreements, an FWC full bench has quashed the approval of a deal measured exclusively against the manufacturing award, despite coverage extending to cryogenic insulators and concreters.

Assembling before pre-start meeting starts clock on work: FWC

In a significant decision on the nature of work, the FWC has ruled that employees required to attend a worksite assembly point by a prescribed time before being transported to a pre-start meeting should be paid for the intervening period.

Union laments no-worker deal termination's "substantial" effect

In a decision traversing some of the challenges of protecting hard-won conditions in a difficult commercial environment, the CFMMEU has failed to block the termination of a construction deal no longer covering any workers after the company argued its uncompetitive terms and conditions hampered its ability to win new contracts.


Ex-employee brought case to promote advocacy business: Judge

An ex-security officer turned industrial advocate has given undertakings not to commence any further Federal Circuit Court proceedings against his former employer, a judge holding that he used a back payment claim to promote his services and represent others without the standing to do so.