A FWC full bench has acknowledged a railway station manager's "ambitious" claim that a member went "wholly outside" the available options when she upheld his sacking for failing to disclose serious criminal charges.
The SDA has hit a major hurdle in its efforts to expand upon an underpayments court victory, the FWC refusing to order Aldi to provide six years of rosters, pay records and timesheets for almost 13,000 employees the union claims might have been shortchanged for work performed outside their shifts.
The FWC has given coal miner Peabody until Thursday to respond to its suggestion that it adopt "somewhat more neutrally worded" clauses in a proposed agreement that says workers are "required" to work on public holidays.
A FWC full bench has spelled out that it will not extend the term of zombie Australian Workplace Agreements due to be axed on December 7 just because it is sought by both the employer and workers.
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.
