A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.
In the wake of Chevron and unions backing a FWC recommendation to resolve their bargaining dispute, a FWC full bench has today temporarily adjourned the company's intractable bargaining declaration application, but has left the door open for unions to file a strike-out motion.
A union involved in more than 20% of the FWC's s448A compulsory conciliation conferences since they started in June says they come with a significant "risk versus reward overlay" that threatens to derail protected action and an "urgent fix" is required.
The FWC's national practice leader for bargaining says "almost all" members are issuing directions in addition to attendance orders ahead of compulsory post-PABO conciliations and appear to be regularly making recommendations during the conferences.
The Albanese Government's legislation to empower the FWC to set minimum standards for "employee-like" gig economy workers will apply only to work performed through digital labour platforms, Workplace Relations Minister Tony Burke will reveal in a speech to the National Press Club tomorrow.
A major employer's disciplinary process leading to a worker's dismissal featured "significant deficiencies" despite the oversight of an IR specialist, the FWC has found.
The FWC has declined to approve an agreement made by a group of workers from a related company ahead of them being transferred across to the entity that was to be covered by the deal, rejecting the employer's contention that it was a minor procedural or technical error.
In a decision highlighting the importance of clear policies and adequate investigations, the FWC has ordered Rentokil to reinstate three sales workers summarily sacked for sharing their commissions after finding it a longstanding practice.
The FWC has upheld a major insurance provider's sacking of a work-from-home employee whose keystrokes data revealed inactivity 90% of the time, finding her circumstances "all the more regrettable" given her previous long history of satisfactory service.
BHP has abandoned its latest pursuit of an agreement for maintenance workers at its in-house labour hire arm after conceding it failed to properly explain how a proposed "regional hub model" would operate.
