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FWC halts campaign of "coordinated" sickies

The FWC has issued a s418 order to stop 31 individual Orora Packaging employees taking unprotected industrial action in the form of "coordinated" personal leave that has shut down production lines.

"Assumptions" undermine deed duress claim

In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.

Latest Aerocare deal fails BOOT as award reversion looms

The FWC has again thwarted major aviation services company Aerocare's long quest to replace its now-terminated 2012 agreement, finding that an updated 2018 deal still failed the BOOT despite attempts to allay split-shift concerns.

BHP Coal required unreasonable overtime: Court

The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.

"Contemptuous" company should have involved HR: FWC

The FWC has found that it "reflects poorly indeed" on a printing company if it did not investigate sexual harassment complaints an unfairly dismissed female employee made to HR, while it has also referred the employer's "contemptuous" failure to comply with an order to attend the Commission to the tribunal's general manager for further action.

Large employer could have done better: FWC

An Orica labour supplier's redundancy method, in which it surprised a full-time employee during downsizing by handing him a letter confirming the "successful completion" of his role, has rendered the dismissal unfair.

Employers jettison bid for "perma-flexi" workers

Employers will no longer pursue a new "perma-flexi" casuals classification as part of the FWC's four-yearly review, as they are confident that legal challenges or legislative change will avoid a requirement to provide additional entitlements to these workers.

GM wins penalties after "vengeful" denial of entitlements

The former "right-hand" man to a Gold Coast tobacco mogul who styles himself as "the candyman" has won $90,000 in penalties and 10% of his costs for an adverse action case he won two years ago in which a court found the employer "fabricated" a reason to dismiss him.

Employer's failed appeal denies worker extra $5000

An FWC full bench has upheld a dismissal payout to a manager who falsified a medical certificate in order to attend a job interview, while rejecting a bid by the employer to recalculate the figure that would ultimately have seen her receiving $5000 more.

One-off pot smoker's sacking went off the rails: FWC

The FWC has reinstated a rail worker sacked for coming to work the day after he smoked his first joint in 30 years and has taken Sydney Trains to task over its purported zero tolerance for drugs.