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FWC pulls trigger on loaded rates for hospitality industry

Hospitality industry employers have won approval to roll up overtime, penalty and split-shift rates for full-time higher-paid workers after a FWC full bench rejected union concerns that changing the award for a small cohort could leave a broader group of employees worse off.

Law clear about decisions on the papers: FWC bench

An employer will get another chance to argue that it did not dismiss a worker after a four-member FWC bench determined that the company's jurisdictional objection should not have been decided on the papers.

Director's criticism overheard in bathroom: Employer body

WA's peak employer body says COVID-19 prompted it to extend the probationary period of a commercial services director instead of sacking her, before she allegedly shared details of a confidential performance discussion while criticising colleagues in the workplace toilets.

Late application allowed after children's secrecy over sacking

The FWC has allowed a delivery driver's late unfair dismissal application to proceed after finding that his adult children kept news of his sacking from him over health concerns while he completed two weeks' hotel quarantine.

Law firm granted representation to defend solicitor's sacking claim

The FWC will allow a legal firm that provides IR advice to lawyer-up against a self-represented junior solicitor with no post-admission experience who claims to be in a "David and Goliath" situation as he seeks to challenge his dismissal.

Near-10% over three years under post-lockout deal

The AMWU claims it has won wage increases of at least 9.8% over three years for workers at a McCain Foods potato processing plant in Tasmania, as it pushes to bring their rates into line with their mainland counterparts.

FWC backs Qantas grounding of over-age flight crew

The FWC has upheld the dismissal of two Qantas pilots unable to fly internationally after turning 65, drawing parallels with the tribunal's retirement policy while finding it might have been "considerate" to keep them in the departure lounge while they awaited a move to short-haul.

Judge's reasons "a disordered stream of consciousness"

A full Federal Court has ordered a retrial of a recruitment company employee's adverse action case, finding a Federal Circuit Court judge failed to provide adequate reasons for throwing it out.

Compensation for manager sacked over unwelcome comments

The FWC has ordered compensation for a bottleshop manager held to have asked a customer "would you like a root hehehe receipt", finding his employer had no excuse for its "procedurally disastrous" sacking after accessing an employer organisation's IR advice.

Worker's quest for employee status fails a third time

The self-described former general manager of a "car solutions" company has failed at his third attempt to persuade a court that he was an employee rather than a contractor, a judge observing that it nowadays takes little more than a laptop to conduct a "modest" business within a business.