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Flawed HR investigation did not exonerate sacked worker: Bench

An FWC full bench majority has refused to accept that an employer's flawed investigation process, coupled with uncharacteristic behaviour purportedly sparked by mixing medication and alcohol, excused a coal miner sacked over profanity-laced threats to co-workers.



Coles agreement resoundingly voted up, still faces BOOT hurdles

Some 90% of voting Coles workers have endorsed a new agreement that grandfathers over-award pay arrangements for current employees, improves penalty rates and provides a one-off $475 payment, but RAFFWU is expected to raise BOOT-related issues when it is submitted for approval.


Full bench authority on inherent requirements "plainly wrong": Ross

An FWC full bench led by President Iain Ross has sent a powerful signal to members to back their own judgement in inherent requirements cases where there is conflicting medical evidence, describing a previous full bench decision ceding the final say to employers as "plainly wrong".


Bench reverses employer's representation win

An FWC full bench has quashed an interlocutory decision allowing an employer to engage lawyers, finding it incumbent on the tribunal to give a self-represented employee an opportunity to weigh in on the matter.


11-day hiatus not fatal: Bench

A worker will have another shot at seeking a 45-day extension to file his general protections claim after an FWC full bench found he was wrongly refused on the basis that he needed a credible explanation for the entire length of the delay.


Truck driver needed more "physicality" to earn allowance: Court

In a ruling as to what constitutes "physical effort", a court has found that opening or removing curtains and straps securing a truck's load did not qualify a driver for an extra allowance under a transport industry award.




Social media post had sufficient nexus with workplace: FWC

In an important ruling on out-of-hours conduct, the FWC has found that an employer didn't need to receive a complaint before investigating then sacking a worker for sharing a p--nographic video via social media with friends who included 19 male and female work colleagues.


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