A judge has overcome his irritation at being asked to rule on an "arid debate" to find the now-defunct ABCC did not exceed its powers when it initiated its first case against the CFMMEU's maritime division over alleged death threats against workers attempting to cross a picket line.
In a decision closely examining when employees can be directed to perform extra duties, a FWC full bench has ruled that a maintenance worker could refuse to remotely monitor an automated gate at a gas supplier's facility.
The FWC has extended time by 48 days for a Qantas engineer to challenge his sacking after "particularly egregious" errors by the AWU, telling the union it should take immediate steps to ensure officials are equipped to provide a professional level of representation.
The FWC has refused to throw out an allegedly out-of-time adverse action case, ruling a FIFO worker only learned he had been sacked when told he had been left off the list of passengers due to board a plane to the worksite.
In a decision shedding further light on whether workers should be paid if instructed to conduct COVID-19 rapid antigen tests at home or prior to a shift, the FWC has held an aged care agreement lacks any provision to pay staff for testing at a time of their choosing.
The FWC has reinstituted a CFMMEU official's entry rights after more than five years, accepting that he had put his history of foul-mouthed contraventions behind him since being elected to a leadership role and making "lifestyle" changes to reduce stress.
The FWC has upheld the summary sacking of a "drunk and disorderly" financial advisor who refused to be breath-tested after turning up to work with bloodshot eyes and smelling of alcohol.
The FWC has ordered the reinstatement of a firefighter who shared an image of naked women in a "sickos" Facebook group of current and former colleagues but upheld the sacking of another who posted p-rnography during his shift, in decisions slamming "tick-and-flick" training.
A Federal Court judge has speculated that he might have been "overly pessimistic" when he rejected suggestions that a FWC full bench displayed bias when sharing with parties its concerns about an already-approved agreement.
