Browsing: Fair Work Commission and predecessors


First unfair termination case hits roadblock

In the FWC's first ruling on new laws enabling road transport contractors to contest termination, the FWC has ruled that a director of a delivery company cannot make a claim because he did not perform a "significant majority" of the work, delegating it to others instead.


Extra night shifts do not justify strikes: FWC

The FWC has ordered a health and safety representative to stop organising unprotected strikes for workers maintaining Sydney's trains, after finding no evidence that they faced immediate dangers from an increase in night shifts.


No pulse on proposed health deal: FWC

The FWC has closely considered its new discretion to overlook minor procedural or technical shortcomings in making of agreements before finally rejecting a proposed deal it "reluctantly" declined to wave through initially because the employer failed to explain negative aspects for some workers.



New laws ensure trains deal remains on track

In a landmark decision letting Sydney Trains and NSW Trains put a multi-enterprise deal to a vote despite the ETU's opposition, a FWC full bench has for the first time granted a voting request order under Secure Jobs reforms.


Put penalties case on ice while legislation progresses: SDA

The SDA has shot back at the ARA's claim that the FWC would be "abdicating" its duty if it delays a bid to reform penalty rates in the retail award ahead of mooted legislation, citing the Fair Work Act's commitment to upholding a stable system as reason to defer the matter.


"Willing to accept" email locked in binding settlement

A $400,000-a-year company lawyer's adverse action case has fallen at the first hurdle after the FWC found him bound by a settlement deed despite claims that its terms had not been finalised.


FWC "abdicating" duty if penalties case ditched: Employers

Shelving a major retail award conditions buy-out bid while the Albanese Government pursues penalty rate reforms would be a dereliction of duty, the Australian Retailers Association has told the FWC.


Restraints did not render dismissal unfair: FWC

The FWC has rejected a real estate agent's claim that his employer fooled him into resigning, finding its move to enforce post-employment restraints after he joined a competitor did not retrospectively turn a mutually agreed separation into an unfair dismissal.


Entry permit granted after prison salvation

The FWC has issued an entry permit to a CFMEU organiser previously imprisoned for a two-day robbery spree, after an initially leery presidential member accepted that the former methamphetamine addict has turned his life around.


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