Browsing: Case law | Page 2 (64 items)


Accord possible in crucial WFH test case: AiG

The Ai Group has hinted at a potential "consensus" in a FWC-initiated case with economy-wide implications to consider inserting WFH provisions in the clerks award, while expressing concern that it would be "unfair" to require submissions ahead of results of a survey on the issue, with the tribunal now persuaded to ditch the deadline and hold a conference.


Right to request flex work overrides agreement terms

The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.



Anti-bullying claim a "waste of resources": FWC

It would have been "sensible" for a worker to take up the "generous support" offered by his employer, rather than filing an "unwarranted" anti-bullying claim, the FWC has ruled, finding a performance management plan, letter of expectations and a warning amounted to reasonable management action.


WFH survey "skewed": AiG

The Australian Industry Group has expressed dismay at the "skewed" drafting of a FWC survey aiming to gather information on how the clerical award currently impedes or enables working from home.


FWC backs parent's bid for extra remote work

The FWC has overruled an employer's resistance to a working parent's request to work an extra day a fortnight at home to care for his toddler daughter until she reaches two years of age, while rejecting its claims that it would set a precedent for the remainder of its workforce.


Bench resists push to beef-up model clause

A FWC full bench has decided to park its consideration of whether to bring forward the trigger for consultations in model agreement clauses after employers expressed "alarm" at the prospect of requiring it when proposing to introduce a major change rather than when they make a "definite decision".


Flexible work disputes moving in wrong direction: Expert

The FWC has become overly focussed on verifying workers' eligibility for flexible work requests by imposing onerous evidentiary requirements on them, which has limited the effectiveness of its new dispute power, a researcher has told the review panel in her response to its Secure Jobs, Better Pay draft report.


Flex orders for union organiser who resisted RTO

In rare flexibility orders won by an ANMF organiser who moved 500km from the office after experiencing domestic violence, the FWC has temporarily blocked the union from requiring her to work more than three nights per fortnight away from home and directed it to count travel time as work time between certain hours for the first half of the school year.


Reasonable business grounds for rejecting request: FWC

The FWC has backed a school's refusal to let a coordinator perform her executive role part-time for the first two terms when she returns from parental leave, supporting its offer of a lower-paying teacher position and noting it is not simply "serving customers who are buying widgets".


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