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Clarifying dispute result within FWC's powers: Bench

In a significant decision on the FWC's arbitral powers, a full bench has provided further "clarification" of its ruling in a dispute after an employer "disobeyed" its finding that seven workers should be reclassified at a higher level.


Verbose, inaccurate AI-generated cases a worry for FWC

With many self-represented workers turning to artificial intelligence to prepare material to file in the FWC, a senior member has articulated concerns after navigating an apparently AI-generated claim containing "evolving" reasoning and a non-existent authority.


Majority petition within use-by date: FWC

The FWC has accepted that an eight-months-old petition from Ampol workers and the account of a union delegate as proof a majority wants to bargain, rejecting the employer's objections that the document had passed its use-by date.


FWC reactivates Uber driver accused of harassment

The FWC has ordered Uber Eats to reactivate a driver who offered a customer money to kiss him, finding it failed to "squarely" provide him the details of the allegations.


FWC won't be party to redundancy cut: Senior member

A NDIS-registered medical provider's "frivolous" spending on "staff wellbeing" birthday celebrations and "recklessness" in hiring new staff while struggling to meet a speech pathologist's redundancy entitlements has helped undo its bid to slash her payout.


Approach to bereavement leave "unreasonable": FWC

A senior FWC member has tripled the compensation sought by a worker sacked after her mother called the employer to convey in "abrupt and firm" tones that it should stop insisting on documentary evidence of a close relative's sudden death before paying bereavement leave.


Casual cohort not enough to render deal non-genuine: Bench

A FWC full bench has canvassed the meanings of "sufficient interest" and "sufficiently representative" in upholding a challenge to the approval of a labour hire company's agreement, voted on entirely by casuals despite extending to permanents.


Belated risk assessment justified sacking: FWC

The FWC has upheld the sacking of an experienced electrician burned by a fireball, factoring in his failure to wear a face shield and rejecting his claim that "delirium" made him fudge a risk assessment.


"Strong stance" on racism undermined by sacking process

The FWC has applauded an employer for its "strong stance" in sacking a worker who told a toolbox meeting that Chinese people are "taking our jobs", but nevertheless awarded him $4000 compensation because of shortcomings in the dismissal process.


Employer can't unilaterally amend hours: FWC

The FWC has upbraided an early learning facility for seeking to override a part-time employee's right to predictable hours that the employer found "commercially or operationally inconvenient".


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