Browsing: Court and tribunal decisions | Page 44 (4,490 items)


"Clunky, hybrid form of performance management": Tribunal

Using suspension powers to compel a clinical nurse with a career spanning 60 years to work day shifts was unfair and unreasonable as it conflicted with her caring duties, while also being unintentionally "quite cruel", Queensland's IRC has found.


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.



7% above-award rates fail to offset lower penalty rates

A FWC presidential member has clarified the Commission's "global" approach to the BOOT and warned that agreements that pay only slightly above-award will attract greater scrutiny, in rejecting a West Australian coffee chain's proposed agreement.


Casuals headcount sinks offshore deal

In a significant use of the Fair Work Act's new casual definition, a FWC presidential member has refused to approve a multinational company's offshore deal after finding the vote "mathematically unsafe".


Former Labor MP rejects bias claim in RLHA case

Tensions in the FWC's continuing consideration of regulated labour hire arrangement orders in the mining industry have spilled into view, former federal Labor politician and current tribunal deputy president Terri Butler having to fend off a recusal application citing her supposed "prosecution" of "same job, same pay" policies while in Parliament.


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.


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