Browsing: Fair Work Commission and predecessors


Off-duty pamphleting not industrial action: FWC

The FWC has refused an employer's application to stop allegedly unprotected action, finding that two off-duty employees' distribution of campaign materials did not amount to industrial action because it did not alter their performance of work, or disrupt other workers.


Bench blunts ambos' attempt to register union

In a significant decision on the statutory hurdles facing unregistered enterprise unions applying for federal registration, a FWC full bench has confirmed that assessing an association's membership is confined to "actual flesh and blood members" rather than any prospective members allowed under its rules.


Landmark multi-employer deal wins approval

A FWC full bench has approved a landmark multi-employer supported bargaining agreement covering more than 60 employers in the early childhood education and care sector, putting more than 12,000 employees in line for a 15% pay rise over two years.


FWC threads the needle on aged care work-value rises

A FWC expert panel has decided to phase in work value pay rises for aged care nurses over three tranches from March next year to August 2026, rejecting a Federal Government call to spread it over four instalments between next July and October 2027, while its decision on classification structures has disappointed the ANMF.


Woolies workers have crossed the line: FWC

The FWC has ordered the UWU to stop "unlawful picketing" that is blocking access to four distribution centres that supply Woolworths, finding it has undermined the union's good faith bargaining obligations.


$20K compensation after insensitive "war room" reference

An engineer who lost a close relative in the current Israeli-Palestinian conflict was clearly offended when a manager directed him to move his desk into a project "war room", but his refusal still provided a valid reason for his dismissal, the FWC has found.


FWC warned government of income cap trap: Hatcher

Early case law in the new unfair termination jurisdiction for transport workers will determine the interpretation of the $175,000 income limit for applicants, according to FWC president Adam Hatcher, who confirmed the Commission had been consulted "in advance" of it being set and pointed out potential pitfalls.


ATO not obliged to offer worker unlimited tax break: FWC

The FWC has declined to interfere with the ATO's decision to refuse a worker absent more than 248 days in a year access to unpaid personal leave, observing that its enterprise agreement did not provide an "unfettered" right to such time off.


AMWU rule change prises open BHP OS

The AMWU has after more than two years succeeded in gaining FWC approval to expand its eligibility rules so it can get a toehold in BHP's internal labour hire operation.



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