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


Added NERR wording coloured agreement process: FWC

The FWC has rejected a massage therapists' deal on the basis that extra wording in a preamble and at the end of the representational rights notice might have affected employees' interpretation and detracted from key messages.

Full court carpets Ross over "no decision at all"

A full Federal Court has delivered a pointed rebuke to FWC President Iain Ross, finding it could not consider a challenge to the decision of a Commission full bench he led because it was not, "with respect, any decision. . . at all".

"Sloppy" wording helps sink scope order application

The FWC has refused the RTBU's bid for a scope order so that it can negotiate separate agreements for Australian Rail Track Corporation's operational employees and their office-based colleagues, finding that even if it could ignore "sloppy" position descriptions in the application, a carve-out would not improve bargaining.

WHS Act no shield from cruel conditions, says employer

A McDonald's franchise that says it can otherwise stop workers from going to the toilet if it provides a 10-minute paid break contained in their agreement has told a court that Queensland's WHS Act does not entitle employees "to be protected from cruel and inhumane working conditions".

Company fails to block FWC intervention on pay downgrade

An employer that unilaterally reduced the classification levels of two workers previously handed a pay upgrade has failed to convince the FWC it had no power to intervene in a contractual issue "masquerading" as an enterprise agreement dispute.

No 'go slow' on agreement approvals: FWC member

The FWC in endorsing a deal for the Super Retail Group and its 10,000 employees has published a detailed chronology to demonstrate that "there is no 'go slow' on agreement approvals".

FWC deep-dives on nature of work

The importance of 'choice versus direction' in determining whether employees are working or not has been highlighted in an FWC decision considering the case of boat masters and crew having their unpaid meal breaks interrupted to assist passengers on multi-day dive trips.

Bank not in deal breach despite IT worker's cloud-based fears

An IT specialist with a major bank has failed to persuade the FWC that deployment to a new cloud-first role represented an agreement breach because it placed unreasonable demands on his fading capacity to learn.

"Arbitrary" coverage of high earners sinks deal

The FWC has rejected a coal mining deal that would have let a new Qube subsidiary "arbitrarily" determine coverage by excluding those paid above the high-income threshold.