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Unresponsive employer hit for $18K

In a decision illustrating the challenges of conducting cases involving remote Indigenous employers, the FWC has awarded $18,000 to a sacked chief executive after failing to engage the respondent in proceedings despite 14 phone calls, numerous emails and five notices sent by express post.


Nanny without invoices or ABN an employee: FWC

The FWC has found a cash-in-hand nanny an employee eligible to pursue an adverse action claim, finding that she did not have her own business and the parents of the children she cared for exerted a high degree of control over her work.


Fairness trumps damage to labour suppliers: FWC

The FWC has made SJSP orders putting WorkPac and Skilled on-hire production operators at a Glencore coal mine in line for substantial pay rises despite accepting it might make labour supply contracts "wholly unviable" and result in job losses.


Orica outside portable LSL scheme: Full court

A full Federal Court majority has found that Orica is not obliged to make contributions to the black coal mining sector's portable long service leave scheme for its shotfirers, while Justice Adam Hatcher has demurred.


Late application denied after failure to prod lawyer

The FWC has pointed to a worker's knowledge of the 21-day deadline for filing general protections claims in declining to allow his late application to proceed, despite finding that responsibility for the delay rested "overwhelmingly" with his lawyers.


Positive focus obscured deal's "differences": FWC

The FWC has "reluctantly" found that in focusing only on the positives an employer failed to adequately explain a newly consolidated deal opposed by one branch of the HSU but supported by its embattled Victorian No 1 branch.



Deactivated Uber driver hits FWC brick wall

In the first full consideration of new powers to order digital platforms to reverse the deactivation of their workers, the FWC has thrown out a former Uber driver's application after clarifying that the minimum six-month qualification period needs to be both recent and largely continuous.


Loaded rates loom large in Qube IBD ruling

The FWC has granted the RTBU an intractable bargaining declaration that will require the tribunal to weigh into whether Qube wrongly interpreted a 2019 deal as providing all-in loaded rates, at the same time as the union is seeking to have a related multi-million dollar Federal Court underpayments claim continue as a worker-led class action.


Limited undertakings not enough to clinch Grill'd deal

Burger chain Grill'd has failed to convince the FWC to approve its enterprise deal, after offering undertakings that would have left some workers $3.10 better off a week, up from 77 cents, while the SDA is seeking to terminate 15 of the company's agreements and is asking it to return to the bargaining table.


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