Concerns that employees could be left without award coverage if an FWC full bench refused a modern enterprise award bid should have given a "sharper edge" to its consideration of safety net obligations, a full Federal Court has ruled.
A health, safety and environment coordinator has failed to convince the Fair Work Commission that exceptions such as sick leave and inclement weather meant the overtime component of his salary was not "guaranteed" so should not disqualify him from unfair dismissal protection.
The FWC has assessed the value of the private use of an iPad, in determining whether an employee's income exceeded the $133,000 income cap that applied to unfair dismissal claims until yesterday.
HSU Victorian No. 1 branch general manager Kimberley Kitching completed tests required to gain entry permits for officials in early 2013 with the "knowledge and authorisation" of branch secretary Diana Asmar, the Fair Work Commission found today.
A senior solicitor who is the director of the AI Group's law firm, Ai Group Legal, has the right to represent employers without seeking leave, because he is also the employer organisation's in-house lawyer, a FWC full bench has ruled.
A new FWC ruling indicates that union officials seeking entry permits might have to demonstrate that they have recently received training on their rights and obligations.
The human resources expertise available to a franchisee company from a franchisor can't be taken into account when the FWC is considering, during unfair dismissal cases, whether the absence of dedicated HR skills influenced the employer's procedures, the Commission has ruled.
The FWC has issued an AMIEU official and bipolar sufferer a conditional entry permit after confirming conditions can be imposed to satisfy the "fit and proper person" test.
The FWC has banned a CFMEU official from holding an entry permit for 19 months over his "serious and ugly" behaviour towards an FWBC inspector on a building site last year that was captured on video and played to the Heydon Royal Commission.
