Browsing: Private


Term would have "impermissibly" curbed SJSP order

The FWC has refused to confine same-job, same-pay orders at a BHP coal mine to haul truck drivers, because the site's industrial instruments do not use the term and on-hire employees perform various other roles.


Worker should have been warned she might lose her job

The FWC has upheld the sacking of an employee who worked outside the scope of her role - potentially exposing her employer to liability - despite "defects" in the employer's processes.


Unfair to dismiss worker with multiple jobs: FWC

The FWC has found employer unfairly dismissed a worker when it cut his shifts after he took up work at a competing branch of the same franchise, because it wanted workers committed to the "awesomeness" of the business.


Bid to force Rio to table; Lessons from Pilbara's past

Mining unions have applied to the FWC for a majority support determination to force Rio Tinto to the bargaining table with workers at its Paraburdoo iron ore operations, while an IR researcher says in a forthcoming book that Pilbara workers' ambitious demands at the height of union power more than four decades ago can provide lessons for unions today.


Slaters completes investigation into rogue email

Slater & Gordon says it "continues to believe" following a forensic investigation that its former interim CPO was not responsible for sending a "malicious" email containing employees' purported salary details and performance scores.


Secrecy would foster worker-manager exchanges: Employer

The FWC has rebuffed an employer's bid to suppress the identities of employees cited in a manager's witness statement for an intractable bargaining case, after highlighting that they had not sought that their conversations or names be kept secret.



Right to request flex work overrides agreement terms

The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.


7% above-award rates fail to offset lower penalty rates

A FWC presidential member has clarified the Commission's "global" approach to the BOOT and warned that agreements that pay only slightly above-award will attract greater scrutiny, in rejecting a West Australian coffee chain's proposed agreement.


Casuals headcount sinks offshore deal

In a significant use of the Fair Work Act's new casual definition, a FWC presidential member has refused to approve a multinational company's offshore deal after finding the vote "mathematically unsafe".


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