Browsing: Fair Work Commission and predecessors


"Renewed" negotiations render IBD bid premature: FWC

The FWC has rejected an individual bargaining representative's bid for an intractable bargaining declaration after finding negotiations with a major transport operator have merely "stalled" and are not yet at a stalemate.


Casual's "small window" of availability justified sacking: FWC

A casual Coles worker with limited availability has failed to overturn his sacking following a hiatus of more than three months, but the FWC says the store manager should have taken an additional step before dismissing him.


Permits granted after administrator derides "clowning"

A FWC presidential member has set out the extent to which he considers untested allegations should influence issuing of entry permits, while considering evidence that included CFMEU construction division administrator Mark Irving KC accusing a site manager of "play acting" in a confrontation with a union official captured on video.


Redundancy pot of gold halved

A listed gold producer has succeeded in halving a mine caretaker's redundancy pay after the FWC found that it trimmed the "uncomfortable" responsibilities in a proposed alternative role to the point where it almost mirrored his existing job.


FWC bench lights fire under UFU bargaining case

A FWC bench has refused a UFU request to further adjourn its intractable bargaining case with the FRV in an effort to keep the matter "on track" and has scheduled a three-week hearing, 18 months after it became the first vehicle to test the Commission's new deadlock-breaking powers under the Secure Jobs legislation.


Training would have helped warring workers: FWC

The FWC has found that an employer failed to implement recommendations from two bullying investigations conducted by the Ai Group and should now consider leadership training for the former manager of a worker who quit after the filing of the dispute case.


No remote role for psychologist seeking safe harbour

A psychologist who fled Darwin for regional NSW in "disturbing" circumstances has failed to persuade the FWC that her employer lacked reasonable business grounds to deny her request to continue servicing clients on Zoom.


Bench raises heat on employers over flex requests

Employers who refuse a flexible work request have to do their own homework on the ramifications and spell it out clearly in writing, a FWC full bench has held in ordering a school to accommodate a teacher's wish to temporarily work part-time in an executive role while she manages her return from parental leave.


FWC burns Grill'd offerings in proposed agreement

The FWC has refused to approve a new deal for hamburger chain Grill'd despite 94% of employees voting it up, after finding some of its young workforce might not have understood they would be only 77 cents a week better off than under the award.


"Removed" CFMEU leader can work for other union: FWC

In its first decision on whether to give "removed" CFMEU construction division officials the chance to pursue jobs at other unions, the FWC has cleared former Queensland branch assistant leader Kane Lowth to take up a part-time role with the ETU but stopped short of allowing him to hold office or represent it in bargaining.


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