A big employer's failure to give union representatives a "heads up" that it would impose a vaccination mandate did not necessarily render its subsequent dismissal of 25 workers unfair, the FWC has found.
A listed company's "extraordinary" admission that it failed to correct workers who mistakenly believed they had to be union members to negotiate a deal has torpedoed its bid to terminate its agreement.
The FWC has compensated a worker sacked for making "racist" comments, finding her employer's handling of her dismissal "appalling" and that it had been "very unfair to label her a racist person".
In what it claims is its first litigation seeking to have a holding company found responsible for its subsidiaries' breaches, the FWO has initiated court action against ASX-listed Super Retail Group for self-reported underpayments of more than $1 million that led to an internal audit and backpayments exceeding $50 million that the watchdog says remain short of the mark.
The FWC has reinstated a mineworker sacked by a Yancoal subsidiary for aggressive and threatening behaviour in which he threatened to cut a co-worker's throat, finding the dismissal harsh because of his unblemished 12-year tenure, his remorse and his PTSD.
The FWC has granted an extension for the Albanese Government, unions and employers involved in the aged care work value case to respond to 50 questions posed late last year, such as whether they agree with a provisional view not to realign rates in a way that would hand the sector's registered nurses a 35% pay increase and whether they should be moved into the aged care award.
The FWC will start consultations this month on the statement of principles to underpin the Secure Jobs Act's less "prescriptive" approach to considering whether enterprise deals have been genuinely agreed, which it is required to finalise by early June.
In finding a worker with an oral contract an independent contractor, the FWC has affirmed that the principles of Personnel Contracting apply whether the contract is written, oral or some combination and has suggested that the previously-used "multifactorial approach" didn't necessarily cause "chaos", but created "legal and commercial uncertainty".
BHP Minerals has failed to establish that almost $20,000 in education assistance it paid to a mining engineer pushed him above the high income threshold for unfair dismissal protection, after it chose not to exercise its right to recoup the payments.
