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Hatcher burns UFU's "private commercial document" claim

FWC President Adam Hatcher has refused to stay an order compelling the UFU to hand over a trust deed for an income protection scheme that Fire Rescue Victoria claims might expose it to a $7 million annual fringe benefits tax liability.

FWC bench weighs in on workplace "impairment"

A FWC full bench has upheld the reinstatement of a Sydney Trains employee found to have traces of cocaine in his system, despite ruling that a senior member wrongly concluded that employers need to establish workers who fail drug and alcohol tests are at risk of being "impaired" before sacking them.

Court suppresses GP case documents until mediation

The Federal Court has suppressed a Channel Seven producer's statement of claim and other documents lodged in connection with her general protections claim, saying that releasing details of alleged workplace behaviours would reduce the chances of achieving a mediated outcome by taking a "bargaining chip" off the table.

Hatcher addresses qualms about transport industry shake-up

FWC President Adam Hatcher has moved to reassure transport industry employers that the TWU's minimum-standards test cases for gig workers and "last-mile" deliveries will not be hijacked by an advisory group set up by Workplace Relations Minister Murray Watt, promising "genuine engagement" and emphasising that the Commission retains control of the "deliberative processes".

HR managers warned about "tick and flick" policy explainers

The FWC has made it clear that HR managers should not inform employees about company policies as a "tick and flick" exercise, finding an employer harshly sacked a worker who had no understanding of his unacceptable behaviour when he bullied a colleague for supposedly "sucking up" to their manager.

TFTU to emerge if latest CFMEU divorce bid succeeds

The FWC is set to convene an initial hearing next week into the CFMEU manufacturing division's application to demerge, using legislative provisions passed in July that gained new urgency after then construction division leader John Setka's threats to derail Australian Football League projects.

FWC rejects second recusal claim from "bullied" worker

In a case that underlines the Commission's challenges in dealing with self-represented parties, a FWC member has refused to step back from hearing an anti-bullying claim, finding that a worker's 18 grounds for recusal, including the "unjust removal" of the worker's advocate from a hearing, had "no logical connection" with any possibility of bias.

Bullying, discrimination claims not supported by "scanty" hearsay

In a warning to employers undertaking investigations of workplace complaints, the FWC has ordered a mushroom grower to compensate a former harvest team leader sacked on the basis of "scanty" hearsay evidence and the "sheer number" of allegations about bullying and racial discrimination.

Full court offers no safe harbour for Qube

A full Federal Court has found Qube Ports lacked standing to retrospectively vary expired agreements, clearing the way for the CFMEU's maritime division to pursue the stevedoring giant for millions in allegedly wrongly-deducted "gap" payments from up to 1000 wharfies' remuneration.

Paid agent hit with costs after running hopeless case

An employer has won a rare costs order against an experienced paid agent after the FWC agreed that he should "never" have run a pregnancy discrimination case given there was no evidence the on-hire worker was ever dismissed.

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