A FWC member has sailed past a union lawyer's caution not to interfere in the wording of a proposed strike ballot, finding that an "ambiguous" question should be deleted to avoid perplexing employees voting on it.
The CFMMEU's mining and energy division has dropped its class action seeking backpay for casual workers from labour hire company Workpac, following the High Court's recent decision in Rossato and the passage of retrospective laws in March.
The FWC has rejected the CFMMEU's attempt to intervene in the approval of a two-worker deal it had no history of involvement in, dismissing concerns that the agreement was as part of a corporate "ruse" designed to cover employees of the business's far larger parent company.
A senior FWC member has decided not to throw out a worker's unfair dismissal application on her own initiative after he was six minutes' late for a phone conference, failed to comply with directions and complained the tribunal ignored the "human aspect".
The FWC has questioned the choices that left two sacked childcare workers out of pocket despite being awarded compensation of 21 weeks' pay, observing that a "realistic" approach to the employer's settlement offer would have avoided costs that included having a barrister represent them before the tribunal over three days.
A pistol club manager who claims its directors promised to house her in an onsite motor home "for life" is accusing them of underpaying her for more than a decade and threatening to sack and evict her when she sought her full entitlements.
The FWC has rejected a chicken processor's argument that it should extend notice of the AMWU's proposed 12-hour maintenance strikes from three to seven days to ensure it doesn't breach RSPCA animal welfare guidelines and legislated standards, but has criticised the union for the "commercial unreality" of its suggestions about the defensive measures the company might undertake.
A graduate lawyer who proposed the terms of his legal supervision arrangement has failed to persuade the FWC he was an employee when the firm allegedly sacked him three times before having him escorted from its office by police.
A senior FWC member has declined to step aside from hearing a resuscitated case involving the Commission's own email fail, covert recordings, a threat to kill and an alleged extortion attempt.
The FWC has criticised the lawyers of an unfair dismissal applicant and his former employer for "point scoring" conduct falling foul of professional conduct rules, while rejecting the latter's costs bid and claim it did not sack the worker despite announcing his redundancy.
