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Bench corrects member's "misunderstanding"

A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.

Skilled challenges Federal Court bias ruling

Labour hire company Skilled has appealed against a Federal Court ruling upholding FWC deputy president and former Labor MP Terri Butler's refusal to stand aside from hearing a same-job, same-pay case due to apprehended bias, despite her calling such on-hire arrangements a "rort" in parliamentary debate.

No "promise" to convert fixed-term contract to permanency

A FWC full bench has quashed a finding that a government-owned First Nations accommodation service dismissed a manager by breaking a "promise" to convert her non-continuing contract arrangement to permanent employment once she obtained Australian citizenship.

Bench rejects appeal against "absurd" teacher sacking

A school has failed to overturn orders to pay a former teacher maximum compensation after her dismissal for allegedly yelling at misbehaving students, after a FWC full bench found no reason to suggest any bias by the tribunal member or that his findings represented a "gross slur" on the employer's witnesses.

LSL body seeking "consistency" in High Court challenge

The Federal Government's black coal mining LSL body has lodged a High Court appeal to a full Federal Court judgment with significant implications for the eligibility of shotfiring and explosive services workers, while the CFMEU is celebrating the removal of "loopholes and cruel anomalies" in WA's construction industry portable LSL scheme.

Brief Queensland stint triggered LSL payday

The High Court has refused leave to appeal a finding that an international IT company must pay long service leave to an employee who worked the bulk of his 10-year tenure in India, a few years in Victoria, but qualified under Queensland's more flexible LSL laws as he transferred in time to serve out part of his post-resignation notice period.

FWC to forge on with LSL dispute

A FWC presidential member has declined to grant an employer's request to delay consideration of its appeal against an unfavourable long service leave ruling while it awaits the result of a related Federal Court case, taking a dim view of its attempt to move forums "midstream".

FWC bench sets out "proper approach" to dismissal cases

A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.

Qantas subsidiary finally lands IBD

Days after the High Court refused permission to appeal a key decision recognising standby duty as paid work, a FWC full bench has weighed its implications for a Qantas subsidiary's long-awaited intractable bargaining workplace determination.

High Court sheds light on redundancy obligations

The High Court has unanimously rejected mining giant Peabody's challenge to a finding that it failed to satisfy workplace laws governing redundancies when not properly considering alternative roles for 22 workers dismissed in 2020, ruling that the FWC was within its rights to delve into options like replacing already-engaged contractors.

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