Fair Work Commission and predecessors page 120 of 202

2015 articles are classified in All Articles > Institutions, tribunals, courts > Fair Work Commission and predecessors


Adverse action claim hurdles lawyer's "miscalculation"

The FWC has held that a lawyer's incorrect use of a date calculator should not stand in the way of a worker filing a day-late challenge to his alleged dismissal on the basis that his employment was "frustrated" by an expected slow return to full-time work from sick leave.

Bid to add APS Commissioner to bullying claim rejected

A public servant has failed to convince the FWC to let her to amend her bullying application to include the Australian Public Service Commissioner, alleging he dealt with her complaints against the head of a financial security agency in a "grossly unfair manner" and made "vexatious allegations".

"Common industrial interest" smooths path for merger vote

United Voice and the NUW are a step closer to conducting a member ballot on whether to merge to become Australia's biggest blue-collar union, with the FWC this week issuing a community of interest declaration acknowledging their shared industrial interests.

FWC rejects axing of deal workers did not know existed

The FWC has refused to terminate a decade-old agreement after hearing a construction company's workers did not know it existed and observing that there was "no evidence whatsoever" about the individual employment arrangements now in place.

Conciliators should bow out of arbitration if objections: Bench

In a significant decision on FWC practices, a Commission full bench has made a powerful case for members conciliating a matter to automatically step aside from arbitrating the dispute if a party objects to their continued involvement, obviating the need for recusal hearings.


New McDonald's deal faces grilling after large "no" vote

RAFFWU will object to the FWC's approval of a new McDonald's deal voted up by an historically-low 59% majority, as it attempts to clear the way to terminate the burger giant's nominally expired 2013 agreement and claw back more than $250 million in alleged underpayments.


Falsified bank statements lead to costs award, further scrutiny

An IT consultant who falsified bank statements to disprove allegations she was working for private clients on company time has been ordered to pay a portion of her employer's legal costs, while the FWC considers whether she committed an offence under the Fair Work Act.

Error in written decision no indication of bias: FWC

An FWC member has rebuffed an employer's claim that he should recuse himself from hearing an unfair dismissal case on the basis of an ultimately admitted error he made in writing up a jurisdictional decision.