An employer has been set the challenge of reverse engineering an agreement rejected on the basis it was not genuinely agreed, after the FWC observed that while achievable through undertakings it was nonetheless a "difficult task".
A prison officer effectively sacked twice after pleading guilty to assaulting three inmates has again won his job back, an appeal court finding that the IR commissioner who originally reinstated him had correctly focused on what is fair and just, rather than "the reputation of the government".
An FWC full bench has quashed a decision not to approve a deal struck between Thiess and three pre-contract employees on the basis it was not genuinely agreed, remitting the Mount Pleasant mine agreement to a single member for redetermination.
The NSW Supreme Court has rejected an employer's interlocutory bid to remove material it claims is confidential from the file for a general protections case in the FWC.
The Fair Work Commission has ordered an immediate 4% pay rise for about 13,000 employees of the former Department of Immigration and Border Protection, after noting they have not received any increases for almost five years.
The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.
In a rare case of an FWC member standing themselves down, a commissioner has found that comments she made about the "vexatious" applicants in a discontinued anti-bullying case could lead observers to question her impartiality when considering a counter anti-bullying application by the original respondent.
In a broad warning to employees mixing social media and work, the FWC has found that a BHP Billiton mineworker was justifiably sacked despite upon realising his error quickly deleting two Facebook posts mistakenly asserting shifts were cancelled.
A February FWC full bench finding that a worker was wrongly denied an extension of time to file on the basis he needed a credible explanation for the entire length of the delay has prompted a bench to overturn another decision refusing more time.
The Flight Attendants Association has successfully claimed a small business exemption from a manager's unfair dismissal claim on the basis elected officials are not employees, the FWC finding that in helping draft a ROC complaint she defied reasonable directions not to discuss the secretary.
