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FWC to forge on with LSL dispute

A FWC presidential member has declined to grant an employer's request to delay consideration of its appeal against an unfavourable long service leave ruling while it awaits the result of a related Federal Court case, taking a dim view of its attempt to move forums "midstream".


Notification failure renders lockout unlawful

The FWC has ordered lift manufacturer Schindler to end an unlawful lockout of more than 200 workers, holding that alerting union delegates to impending "employer response action" did not satisfy a requirement to notify bargaining representatives.


Gendered "microaggressions" did not force resignation: FWC

A former Matildas star and Olympian was not forced to resign from her job at a remote gas facility because of alleged "microaggressions" that included being assigned "non-complex work" and persistent references to "fellas" and "gents", the FWC has found.


Newsflash: Qantas to pay $90 million penalty

The Federal Court has today ordered Qantas to pay a $90 million fine - including $50 million to the TWU - for the Flying Kangaroo's unlawful outsourcing of the jobs of about 1800 ground handling employees, while it has criticised chief executive Vanessa Hudson for failing to appear to explain the airline's contrition.


Court throws out FWC bias claim

In a significant finding on the integrity of the workplace umpire, a judge has ruled that a former union organiser and Labor MP rightly decided against recusing herself from hearing a same-job, same-pay application despite having described similar labour hire arrangements as a "rort" in Parliament.


Qantas subsidiary finally lands IBD

Days after the High Court refused permission to appeal a key decision recognising standby duty as paid work, a FWC full bench has weighed its implications for a Qantas subsidiary's long-awaited intractable bargaining workplace determination.


Control key to finding s-x worker an employee: FWC

The FWC has found that a s-x worker is an employee rather than an independent contractor, because of the significant degree of control the employer exerted over her work, including requiring her to maintain an "immaculate" appearance with styled hair, make-up, lingerie and heels.


Uber contract test not about "speculative grievances": Driver

A self-represented Uber driver has fired back at attempts by the rideshare company to have the FWC throw out the first substantive test of its new unfair contracts powers, arguing that his application is based not on "desired terms or speculative grievances" but on "realworld" experience.


Transpacific games tester an employee: FWC

A US video game company that told a senior FWC member "I wish the United States was as diligent as you guys" about unfair dismissals has been ordered to reinstate an Australian-based tester, after the tribunal applied the new "practical reality" test for employment relationships.


FWC sin-bins errant paid agent

The FWC has banned a paid agent from continuing to represent his client after finding him to blame for the worker's late dismissal challenge and that he sought to rely on a decision which "clearly does not exist" when arguing the application had been filed within time.


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