Browsing: Case law (321 items)


Bench confirms power to overrule flexibility knockbacks

A FWC full bench has rejected an employer's challenge to a finding that it must grant an employee's flexible work request, upholding a decision that reaffirms the precedence of NES provisions even when inconsistent with the terms of an enterprise agreement.


"Newborn" limitation excludes worker from PPL

The FWC has today ruled a paramedic ineligible for primary carers' parental leave to tend to for his six-month old baby, because the enterprise agreement covering him only enables carers of newborns to access the entitlement.


Alternative job unacceptable due to WFH cut: FWC

The FWC has refused to reduce a worker's redundancy payout because the role the employer offered, after outsourcing the company's HR functions, would have paid less and required her to work in the office an additional day each week, despite the informality of her WFH arrangement.


Don't curtail variation case yet: Retailers

After the FWC sought feedback about how it should proceed with retail award variation applications following the passage of Albanese Government legislation that circumvented a key element of one of the cases, the tribunal has acceded to a bid by retailers to also consider submissions on the effect of the recent Federal Court ruling on underpayments by Coles and Woolworths.


FWC denies flex request due to lack of evidence

A worker failed to provide evidence that demonstrated that she sought a compressed work week to care for her partner and grandson, and that those needs related to her age, the FWC has found, ruling her flexible work arrangement request invalid.


Employer escalates LSL dispute to Federal Court

The Federal Court has restrained the FWC from hearing an employer's challenge to an unfavourable interpretation of a LSL clause that is replicated in about 17 offshore agreements.


Taxman failed to respect ASU's representative role: FWC

The FWC has found the ATO failed to respect the ASU's role as the representative of a legally blind worker called into a meeting to discuss a request the union made on his behalf for a 100% WFH flexibility arrangement, to avoid the need to take public transport.


Part-time review seeks clarification of scope

A FWC full bench is seeking submissions on any additional issues its review of award part-time provisions should consider, and will then consult on proposed research, while the tribunal has also begun a review of redundancy provisions in selected awards.


WFH condition "trade offs" would cost working women: Report

A model working from home clause in a key award should avoid contributing to remote workers working "long and unsociable hours", address employer provision of equipment and apply to all employees, according to a Centre for Future Work report.


Nurses win their first private sector IBD

The NSWNMA has secured its first private sector IBD, after it agreed to a 16% pay rise over four years for Healthscope nurses and midwives, but remained at an impasse on annual leave provisions.


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