Fair Work Commission and predecessors page 1 of 202

2019 articles are classified in All Articles > Institutions, tribunals, courts > Fair Work Commission and predecessors


RtD changes could help discourage "threadbare" staffing: ANMF

The ANMF is urging the FWC to use "right to disconnect" award variations make it harder for employers to cut costs by relying on "threadbare" staffing and refusing to roster enough workers on-call, while the NTEU wants casual academics paid to respond to students outside their working hours.


No reinstatement for vax hold-outs: Bench

A group of DP World wharfies unfairly sacked for refusing to be vaccinated against COVID-19 have failed to knock out a decision not to reinstate them, leaving a question hanging around the lawfulness of their employer's actions.

HR consultant gave "astonishingly poor" advice: FWC

The FWC has lashed a HR consultant's "astonishingly poor" advice as contributing to the unfair dismissal of a long-serving manager whose redundancy process descended into accusations of serious misconduct, in part because of a mistaken belief that he emailed malware to his former employer.

"Significant" mental health challenges warrant 13-day extension: FWC

The FWC has extended time for a worker with "significant" mental health issues beyond the "ordinary stress" associated with most sackings, despite finding that representative error might also have contributed to the delay in filing her unfair dismissal case.

No bargaining orders despite HR manager side-stepping union

The SDA has failed to win bargaining orders against a beauty retailer that froze it out of negotiations for a new deal, after a FWC member had just an hour to weigh the application before voting ended and it won resounding support.

FWC gives ASU a toilet break

ASU officials will no longer have to be escorted to the bathroom when exercising entry rights at the ATO after the FWC found it an unreasonable request, while giving union delegates "time release" to accompany them would be "frankly quite ridiculous".

CV holdouts have redundancy payouts cut

The FWC has halved the redundancy payouts for two finance workers who stood in the way of their employer's attempt to find jobs with a competitor by declining its request for updated resumes.

Familiar Seek ad provides reason for late application: FWC

The FWC has waved through a worker's late unfair dismissal application after accepting that it took seeing a job advertisement closely mirroring her role to crystallise doubts about whether she had genuinely been made redundant.

FWC reflects on "window of currency" for valid sacking reasons

In a decision assessing how long a valid reason remains "current", the FWC has overlooked serious procedural deficiencies to back a landscaping business's summary sacking of a gardener almost two months after he called a colleague a "fat exploiter of foreigners".