An employer has failed to establish that it genuinely made a software engineer redundant, in part because it should have offered her a lower-paying job available at a related entity in India.
A criminal lawyer with an "ostrich-like" attitude has failed to convince a judge to reconsider a default judgment ordering him to pay two former employees penalties, costs, long service leave and super totalling more than $70,000.
In a decision closely examining when employees can be directed to perform extra duties, a FWC full bench has ruled that a maintenance worker could refuse to remotely monitor an automated gate at a gas supplier's facility.
The FWC has refused to throw out an allegedly out-of-time adverse action case, ruling a FIFO worker only learned he had been sacked when told he had been left off the list of passengers due to board a plane to the worksite.
In a decision shedding further light on whether workers should be paid if instructed to conduct COVID-19 rapid antigen tests at home or prior to a shift, the FWC has held an aged care agreement lacks any provision to pay staff for testing at a time of their choosing.
The FWC has reinstituted a CFMMEU official's entry rights after more than five years, accepting that he had put his history of foul-mouthed contraventions behind him since being elected to a leadership role and making "lifestyle" changes to reduce stress.
The FWC has upheld the summary sacking of a "drunk and disorderly" financial advisor who refused to be breath-tested after turning up to work with bloodshot eyes and smelling of alcohol.
A Federal Court judge has speculated that he might have been "overly pessimistic" when he rejected suggestions that a FWC full bench displayed bias when sharing with parties its concerns about an already-approved agreement.
Tugboat operator Svitzer Australia has withdrawn its long-running application to terminate its national enterprise agreement, saying it will focus instead on continuing negotiations with three maritime unions on a new deal.
