On the second of 16 days of FWC hearings into an IEU equal pay claim for early childhood teachers, the union is blaming low wages for a skill shortage in the overwhelmingly female-dominated sector, while the ACTU says the case will test whether the Fair Work Act's equal pay principle can deliver.
In a decision confirming that employers must "expressly" advise workers when their job is at risk and provide them enough time to demonstrate improvement, an FWC full bench has quashed a finding that a bike shop complied with the Small Business Unfair Dismissal Code when sacking one of its mechanics.
The FWC will next week respond to reports urging it to speed up and reduce the cost to employers of unfair dismissal and adverse action claims, with a new small business division being held out as a chance to weed out "frequent flyers" pursuing applications of dubious merit.
In a ruling that builds on the recent "shadow lawyers" decision, an FWC full bench has found that a large company with in-house IR legal expertise does not require approval to engage a law firm to prepare its defence of a self-represented worker's dismissal claim.
The FWC on rehearing a yard hand's dismissal application has observed his employer's lack of HR expertise did not wash as an excuse for the "disgraceful and grossly unfair" sacking, but slashed compensation due to his vulgar language and propensity to snap when frustrated.
The FWC has chastised an employer for failing to abide by "industrial fair play" when it neglected to tell a worker it would seek to slash his redundancy payment if he didn't accept an alternative role.
In a significant decision affecting those in temporary government roles, the FWC has found a Federal department failed to recognise it was dismissing a "non-ongoing" employee when it informed him that repeated instances of disrespectful behaviour meant he would not be offered further work.
The FWC has given short shrift to union applications for a protected action ballot at Kimberly-Clark Australia, finding a cancelled meeting and a week's delay in securing a new date cannot be construed as being obstructive.
As union calls for the ROC's abolition have intensified in the wake of its raids on AWU offices, the watchdog's leadership maintains that behind the scenes there is increasing collaboration over a shared quest to protect members' interests.
