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.
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.
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".
Tensions in the FWC's continuing consideration of regulated labour hire arrangement orders in the mining industry have spilled into view, former federal Labor politician and current tribunal deputy president Terri Butler having to fend off a recusal application citing her supposed "prosecution" of "same job, same pay" policies while in Parliament.
The FWC has thrown out a general protections claim after finding that Sculpture by the Sea "paused" a casual installer's employment but did not dismiss him, while it sought to resolve a number of safety and "cultural" issues that he raised.
The CFMEU construction division's Queensland branch has suffered another setback in its continuing quest to penetrate major civil projects in the State, with the FWC's rejection of a deal brokered with an earthmoving company after finding the union's own industrial officer failed to properly explain it to workers.
Cabin crew employed by Qantas in-house labour hire company Qantas Domestic are in line for base pay rises of up to $20,000 a year, while on-hire workers employed by Maurice Alexander Management and Altara and placed at the airline will win increases of up to 43%, under a settlement of the FAAA's crucial same-job, same-pay claim.
It would have been "sensible" for a worker to take up the "generous support" offered by his employer, rather than filing an "unwarranted" anti-bullying claim, the FWC has ruled, finding a performance management plan, letter of expectations and a warning amounted to reasonable management action.
The FWC has put a global services giant's proposed new catering agreement at a Queensland mine on hold after weighing claims of casuals being parachuted in around voting time against hard evidence that it will cut workers' pay by more than $10,000 a year.
A four-member FWC full bench has knocked back arguments by the host employer at a NSW open cut coal mine and its labour hire providers that it would be unfair and unreasonable, or even unconstitutional, to grant same-job, same-pay orders.
