An FWC full bench, in overturning a finding that the engineers, scientists and IT professionals award does not apply to an LNG consultant, has suggested reviewing its coverage provisions after "excessive litigation" to establish whether it covers unfair dismissal applicants.
The FWC has refused to provide a two-day extension to a dismissed worker based on representative error, finding he failed to clearly instruct his union in a timely manner.
FWC Deputy President Gerard Boyce has again run afoul of a tribunal bench, which has reminded him that conduct months after a dismissal cannot be considered when deciding whether an employer has a valid reason.
The FWC has approved a 2.5% increase in all award rates in its minimum wage ruling handed down this afternoon and has again delayed rises for sectors most affected by the coronavirus pandemic.
A manager unfairly accused of being a "malingerer" has had his near-$900,000 unlawful sacking payout slashed on appeal, a judge finding the original ruling contained enough errors to reduce the figure but stopping short of ordering a retrial.
Lawyers for a Boral worker who waited six years for a decision in her sexual harassment case say reasons for the delay will have to "remain a mystery" after the Information Commissioner affirmed the rejection of her FOI request.
A senior tribunal member has expressed exasperation over legislators' continued failure to address shortcomings in the Fair Entitlements Guarantee scheme after being forced to hand down an "unfair and unjust" decision denying two workers almost $70,000 in redundancy entitlements due to a liquidator's actions.
A presidential FWC member has clarified the circumstances under which an employee can be said to have resigned, finding that a casual pool cleaner's repeated statement of intent did not qualify.
The FWC's review of awards in sectors hammered by the pandemic is starting to introduce changes stymied by the withdrawal of much of the IR Omnibus Bill, according to former Fair Work Ombudsman Natalie James.
Replies are due in the FWC by next Wednesday to union and employer submissions on how awards should define casual employment, if they should set out how casual loading compensates for specific entitlements and whether a model conversion clause measures up.
