A senior FWC member in extending time by one day says a hospital security officer could not have been expected to ask a lawyer or psychiatrist he met while on remand to "trawl through his inbox" to find notification that he had been sacked.
In a decision pointing to the circumstances under which zombie deals can survive beyond December's drop-dead date, a four-member FWC bench has extended a 2004 agreement by almost 18 months after accepting it provides "significantly" better pay than the award and that negotiations have already begun for a replacement deal.
The FWC has accepted a 48-seconds-late unfair dismissal claim from a worker convinced he filed it just before midnight on the last allowable day, after conceding that the tribunal's online processing quirks might have pushed it beyond the deadline.
The FWC has granted permission for the Department of Home Affairs to lawyer-up in an unfair dismissal case lodged by a self-represented former employee who once worked as a magistrate in Serbia.
A mechanic who overturned the rejection of his "late" unfair dismissal application has failed to convince a commissioner to recuse himself based on Australian Law Reform Commission unconscious bias research.
The FWC has affirmed that blaming late applications on "technical difficulties" without hard evidence is not enough to extend time, even when the margin is just 60 seconds.
The FWC has outlined its "interim" strategy for regulating registered organisations while it awaits the result of a review of functions it inherited as part of the Albanese Government's Secure Jobs legislation.
A CFMMEU organiser has been granted an entry permit despite a lengthy history of convictions for alcohol-related offences, the FWC in part reasoning that because none occurred in workplace settings he met the definition of a fit and proper person.
In the first test of Secure Jobs zombie-slayer provisions, a FWC full bench has refused to delay the automatic axing of a scaffolding company's 14-year-old deal after establishing that, contrary to the employer's claims, many of its workers will be better off under the award.
A CFMMEU organiser ordered to pay $10,000 out of his own pocket for entry breaches has avoided having his permit withdrawn after the FWC found that doing so would be "punitive and nothing more".
