Browsing: Institutions, tribunals, courts (4,015 items)

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FWC bench sets out "proper approach" to dismissal cases

A FWC full bench has dived into the legislative intent behind several key Fair Work Act provisions to find that a presidential member should have determined whether Corrections Victoria "in fact" dismissed a prison officer when it demoted and transferred him, instead of making her extension of time decision on the "assumption" it sacked him.


Court throws out FWC bias claim

In a significant finding on the integrity of the workplace umpire, a judge has ruled that a former union organiser and Labor MP rightly decided against recusing herself from hearing a same-job, same-pay application despite having described similar labour hire arrangements as a "rort" in Parliament.


Qantas subsidiary finally lands IBD

Days after the High Court refused permission to appeal a key decision recognising standby duty as paid work, a FWC full bench has weighed its implications for a Qantas subsidiary's long-awaited intractable bargaining workplace determination.


Where are the panel members, FWC asks

In its latest clean-up of superannuation in awards, the FWC has observed that after more than a decade it still does not have the required members to constitute an expert panel to keep tabs on default funds terms.


Feedback invited on WFH test case, legislation

The FWC is inviting quick submissions in its crucial work from home test case ahead of a directions hearing pushed back to September 5, after providing data underpinning WFH research criticised by the Australian Industry Group, while Victoria is consulting on WFH legislation to be introduced next year.


Uber contract test not about "speculative grievances": Driver

A self-represented Uber driver has fired back at attempts by the rideshare company to have the FWC throw out the first substantive test of its new unfair contracts powers, arguing that his application is based not on "desired terms or speculative grievances" but on "realworld" experience.


Transpacific games tester an employee: FWC

A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.


"Reckless" car chase warranted sacking

A surveillance operative has lost his unfair sacking case against Victoria's anti-corruption watchdog, after the FWC found his dangerous pursuit of a vehicle during a stakeout and his "dishonest" post-incident report provided two valid reasons.


No secondary line of defence in sacking process: Court

A judge has slapped an $8000 penalty on a major Commonwealth department after expressing astonishment that it does not have a "human or technological" system in place to ensure it pays dismissed employees their correct entitlements.


Transition authority review seeking feedback

The independent review of the federal just transition authority's largely untested Energy Industry Jobs Plans is seeking submissions by early next month on ways that it might provide better support for displaced workers.


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