Case law page 1 of 33

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


Employer resists compulsory conciliation double-up

An employer is opposing a CFMEU request to have the FWC hold a joint post-PABO compulsory conciliation conference relating to two separate deals for its workers on the Cross River Rail project in South-East Queensland.

Offshore gas workers' stand-downs largely justified: FWC

An employer supplying well workers for offshore gas operations in the Bass Strait was entitled to stand down most of them when Esso suspended their services during industrial action, but the FWC has made a preliminary finding that a small yet "significant" portion might have been unauthorised.

Pilots ignoring course set by union: FWC

An "ineluctable finding" that the AFAP could not persuade pilot members at a Qantas subsidiary to vote up a new deal supported by the union has helped convince the FWC that it should make an intractable bargaining declaration sought by the airline.

FWC can rule on disputed terms after deal approved: Bench

In a significant decision acknowledged as potentially being viewed as "undemocratic", a FWC full bench majority has found it has the power to make a workplace determination on contested bargaining matters after a deal has already been approved by the Commission.

Federal cops' industrial action to target pollies

Federal Police officers might impose protected bans on accompanying low-risk politicians at airports and attending low-security MPs' and senators' functions, if a protected action ballot that closes early next month wins approval.

Scope questions torpedo Coles PABO bid

RAFFWU will challenge the rejection of a PABO bid targeting Coles supermarkets and Liquorland outlets after the FWC found it failed to genuinely bargain on behalf of salaried managers it wants to include in a multi-employer deal.

FWC offers no remedy for CSL's bargaining complaints

Biotechnology giant CSL has failed to win rare bargaining orders sought against two maintenance unions after the FWC dismissed a HR manager's "flimsy" evidence that contractors had been intimidated by a picket.


Refusing to negotiate hampers DPW cool-off bid

Container terminal operator DP World's refusal to bargain while MUA members take protected action has contributed to a FWC finding that it would not be in the public interest to suspend it for a 90-day "cooling off" period.

Business sale restarts casual conversion clock: FWC

The FWC has held that it cannot deal with a worker's casual conversion dispute as the recent sale of the business she works for has restarted the clock on her requirement to complete 12 months' service with her current employer.