A FWC full bench has upheld a $60,000-plus payout to a worker sacked after refusing to take a breath test, rejecting an employer's claim that the umpire unfairly denied its HR manager a chance to give evidence.
Industry super fund Cbus has been hit with a $23.5 million penalty for delaying payment of death benefits and total and permanent disability claims to thousands of members.
The Federal Court has found that disputes about same-job, same-pay protected rates should come before the FWC in the first instance, while it has agreed to stay court proceedings until the Commission determines a SJSP dispute involving Workpac on-hire workers at a Queensland coal mine.
Racing Victoria has failed to persuade the FWC to hold off considering its chief veterinarian's claims that it pressured her to declare horses fit to race, a member noting that while the case had "substantial overlap" with an adverse action matter initiated in the Federal Court, they would move at different paces and address different questions.
A FWC member has taken into account an experienced lawyer's stray comma, an apparent formatting problem and the FWC's tardy notification of an issue in absolving a worker of any blame for her 35-day-late unfair dismissal application.
A FWC full bench majority has quashed a member's refusal to grant an intractable bargaining declaration for highly-paid deputies at a NSW coal mine, finding he wrongly considered that the tribunal's arbitration powers must not be "lightly engaged".
A four-member FWC full bench has formally put on hold a review of the right to disconnect provisions, due to a paucity of case law, but recent commentary by tribunal president Adam Hatcher and leading academic lawyer Andrew Stewart indicate the jury is still out on the reasons for the litigation deficit and the impacts of the reforms.
A court has ordered a labour hire business to pay its former GM a profit share of more than $360,000 after she resigned in protest at not receiving it.
The FWC has ruled that Woodside's agreement does not prevent it sending offshore platform employees to work in Perth when a cyclone hits, but doubts remain about whether such a direction is lawful and reasonable.
A senior FWC member has identified a paid agent's apparent "lack of familiarity" with Commission processes as a reason for refusing a worker's request for representation to defend his dismissal for alleged time-theft.
