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A CFMMEU organiser ordered to pay $10,000 out of his own pocket for entry breaches has avoided having his permit withdrawn after the FWC found that doing so would be "punitive and nothing more".
The FWC has found that a company's failure to meet modern IR standards, including its HR manager's attempt to "retrospectively" dismiss a security investigator, provided the necessary exceptional circumstances to accept her late unfair dismissal application.
Workers s-xually harassed before the Secure Jobs, Better Pay changes came into effect in March will have to choose whether to omit complaints for conduct that occurred before that time to use the new provisions, or "make a potentially less advantageous application" using the old provisions, according to an employment law expert.
A FWC full bench will next month hear a Virgin Australia subsidiary's bid for an intractable bargaining declaration, in the first test of the Secure Jobs legislation's deadlock-breaking provision, while the tribunal will consider in late August RAFFWU's bid to terminate the world's largest company's enterprise agreement.
The FWC has found a worker's false reports about his colleagues created "psychosocial safety" risks and provided a valid reason for Virgin Australia to dismiss him.
A sacked worker was not so incapacitated by purported mental health problems that she could not continue to offer "medium and psychic services", the FWC has held in refusing to extend time for her general protections claim.
In an early test of Secure Jobs changes that outlaw pay secrecy mandates, a former casual sales assistant at a landmark Melbourne bookshop has begun legal action in the Federal Circuit Court, alleging it no longer offered her shifts after she disclosed a pay rise and backpay to her fellow workers.
