Fair Work Commission and predecessors page 2 of 199

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Expanding WFH rights risks "exacerbating tensions": HR body

The Australian Human Resources Institute has told the FWC's modern awards review that it opposes any expansion of working from home rights and does not support narrowing the grounds for refusing flexible work requests to "unjustifiable hardship".

Employer resists compulsory conciliation double-up

An employer is opposing a CFMEU request to have the FWC hold a joint post-PABO compulsory conciliation conference relating to two separate deals for its workers on the Cross River Rail project in South-East Queensland.

Offshore gas workers' stand-downs largely justified: FWC

An employer supplying well workers for offshore gas operations in the Bass Strait was entitled to stand down most of them when Esso suspended their services during industrial action, but the FWC has made a preliminary finding that a small yet "significant" portion might have been unauthorised.

"Threshold" settlements should be beyond paid agents: Employer

An experienced former employer-clientele lawyer turned HR manager has suggested that one way of discouraging paid agents from pursuing "unwinnable" cases is to introduce a "threshold" settlement amount below which they cannot charge clients for their services.

Confidential details secure with ballot agent: FWC

The FWC has rejected an employer's bid to limit the amount of confidential employee information it must give an independent agent ahead of a protected action ballot, while it has also refused to amend the proposed PABO to include a safety commitment.

Look to SA model for paid agent regulation: WA IRC registrar

The FWC should look to the South Australian paid agent model because its registration criteria and disciplinary powers for code of conduct breaches are superior to the Western Australian system, the WA IRC's registrar says in a submission to the FWC's consultation on options to rein in "challenging paid agent conduct".

Court tosses out ROC case against MEU leader

The Federal Court has thrown out a "time barred" former ROC case accusing a MEU mining and energy division president of misusing his union credit card to cover a series of private expenses in the 2016 financial year, while also finding no evidence of dishonesty.

Case reallocated despite recusal refusal

FWC member Bernie Riordan has dismissed a recusal bid, denying that he is biased towards tradespeople and against women, but will reallocate the case to preserve the tribunal's "scarce" resources.


FWC laments "like it or lump it" extra hours scenario

The FWC has expressed dismay at a large aged care employer's "shift bidding" system in which it offers part-time workers extra hours only at ordinary pay, recommending instead that each employee get a chance to cap how many such shifts they are prepared to work without receiving overtime rates.