The following employment law cases have been reported:
Dispute under old enterprise agreement could be maintained
A Full Bench of the Fair Work Commission (FWC) held that the FWC could deal with disputes arising under an old enterprise agreement, finding that an earlier Full Bench decision had been wrongly decided.
Construction, Forestry, Maritime, Mining and Energy Union & Ors v Falcon Mining Pty Ltd (2022) 74 AILR ¶103-548; [2022] FWCFB 93, 8 June 2022.
Full Bench overturned approval of greenfields agreement
A Full Bench of the FWC held that an enterprise agreement did not meet the requirements of a greenfields agreement and so should not have been approved as such at first instance.
The Australian Workers’ Union v Construction, Forestry, Maritime, Mining and Energy Union & Watpac Construction Pty Ltd (2022) 74 AILR ¶103-549; [2022] FWCFB 85, 15 June 2022.
Underpayments and cashback arrangements were “serious contraventions”
The Federal Court found that 2 cooks who had recently migrated to Australia had not received their award entitlements and were required to make unlawful “cashback” payments to their employer.
Basi v Namitha Nakul Pty Ltd (2022) 74 AILR ¶103-550; [2022] FCA 712, 21 June 2022.
Catering company not covered by Aged Care Award
The Federal Court refused to declare that employees of a catering company engaged to provide food services for an aged care facility were covered by the Aged Care Award 2010.
Health Services Union v Catering Industries (NSW)...
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