An FWC bench has on the basis of representative error allowed a late unfair dismissal application after noting how thoroughly the employee pursued her claim, remarking "if only her solicitor had been as diligent".
A senior FWC member exceeded her powers when, in considering a majority support determination application, she ordered the AEC to ballot employees at the Commission's expense, a full bench has found.
Keane defends High Court's approach to worker's freedom of expression; BHP in-house labour hire arm faces court over Xmas shifts; Gig work the new "Hungry Mile"; and Further objection to proposed enterprise union.
A senior FWC member's failure to seek the details of a construction employer's pre-ballot explanation of its proposed agreement has led to it being quashed, after a full bench rejected the proposition that the company could rely on its sworn statement about the process.
An FWC full bench has criticised the SDA for its approach in challenging a Prouds Jewellers deal after the union neglected to provide modelling or analysis in support of claims that it failed the better off overall test.
In a significant ruling on FWC powers, food manufacturing giant Simplot Australia has overturned a finding that the tribunal can keep dealing with disputes brought under old agreements once a new deal comes into effect.
An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.
A prison officer has successfully challenged a finding that he was fairly dismissed for using excessive force on a prisoner with a psychiatric illness, an FWC full bench holding that Victoria's Department of Justice lacked a valid reason.
A labour hire company has failed to win costs against an unrepresented worker who pursued his unfair dismissal claim through four adverse findings in the FWC and Federal Court, a judge ruling that the employer didn't help its cause by declining to provide an interpreter and by filing confusing and irrelevant material.