Browsing: Court and tribunal decisions | Page 17 (4,214 items)


Employment "pause" meant dismissal not set in stone: FWC

The FWC has thrown out a general protections claim after finding that Sculpture by the Sea "paused" a casual installer's employment but did not dismiss him, while it sought to resolve a number of safety and "cultural" issues that he raised.


Compulsory award allowances not part of base wage: FWC

In a decision upending unions' understanding of what constitutes the base rate of pay under the pilots award and undoing an underpayments claim, the FWC has held that it does not include general wage-related allowances even where they form part of the minimum payment.


FWC tightens rules on fixed-term contracts

Higher education awards covering academic and other staff have been varied to tighten restrictions around the sector's reliance on fixed-term contracts.


Outsourced CFMEU explainer not enough to secure deal

The CFMEU construction division's Queensland branch has suffered another setback in its continuing quest to penetrate major civil projects in the State, with the FWC's rejection of a deal brokered with an earthmoving company after finding the union's own industrial officer failed to properly explain it to workers.


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.


UFU referred over second refusal to produce documents

The UFU's Victorian branch is set to be referred to the AFP after a FWC full bench ran out of patience with the union over its refusal to explain how it came to charge a reputed members' income protection scheme $480,000 in "promotion/management costs".


Deal's big pay cut not adequately explained: FWC

The FWC has put a global services giant's proposed new catering agreement at a Queensland mine on hold after weighing claims of casuals being parachuted in around voting time against hard evidence that it will cut workers' pay by more than $10,000 a year.


Hatcher declines to refer questions to court

The FWC has refused to refer legal questions on the construction of a Fair Work (Registered Organisations) Act provision to the Federal Court before hearing the Victorian Ambulance Union's registration application.


Employers fail to repel SJSP orders

A four-member FWC full bench has knocked back arguments by the host employer at a NSW open cut coal mine and its labour hire providers that it would be unfair and unreasonable, or even unconstitutional, to grant same-job, same-pay orders.


"No excuse" for "astounding" representative error

The FWC has extended time due to representative error, after a lawyer with "extensive experience in employment matters" who is also the author of an article on his firm's website about the "hurdles" to "jump over" to make an unfair dismissal claim, including the 21-day time limit, lodged a client's application four days late.


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