In an important decision, a Fair Work Commission full bench has ruled that regular overtime can be classified as earnings when determining whether the remuneration of workers making unfair dismissal claims is below the statutory limit.
In the first full bench ruling on the issue, the Fair Work Commission has found that unfair dismissal applications lodged before a termination of employment takes effect are not automatically invalid and the tribunal has the power to waive any defects in their early filing.
The Fair Work Commission has ruled that Subclass 457 visa holders cannot make legally binding employment contracts with employers that are not registered to sponsor them under the Migration Act.
In a decision that has the potential to expand the number of general protections cases, a Fair Work Commission full bench headed by the president has ruled that the tribunal has no power to dismiss an application on jurisdictional grounds and must hold a conference once a claim has been lodged.
