Fair Work Commission and predecessors page 1 of 87

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Deal approved despite FWC's own BOOT concerns: Bench

The CFMMEU has questioned whether non-BOOT compliant agreements are slipping through the FWC's approvals process after a full bench quashed a three-paragraph decision green-lighting a deal despite the tribunal's own internal analysis warning that it did not pass muster.

Criticism of agreement approval "queue" outdated: Ross

The FWC reduced its agreements backlog by more than two-thirds in the first seven months of the year, making recent criticism by commentators "substantially out of date", according to the tribunal's president.

Union lashed over delaying agreement approval

The CFMMEU has been lashed for its role in delaying the approval of a three-worker agreement replacing an expired deal, the FWC questioning whether it was pursuing an "agenda" rather than assisting the tribunal as required under the relevant legislative provisions.


Personal preferences would "mire" BOOT, says FWC

Approving a deal that lacks RDO and TOIL provisions contained in the retail award, a senior FWC member has warned the Better Off Overall Test would become "mired in speculation on subjective and unquantifiable matters" if he had to factor in the personal preferences of each employee.

Bullying claim against charity enters "untested" territory

A major charity has been granted permission to use external lawyers against a self-represented foster carer in a complex case the FWC says may have broad consequences for the anti-bullying jurisdiction.

Airline's corporate structure hampers bargaining: Union

The ASU and Virgin Australia have clashed over the former's bid for a majority support determination to open the way for bargaining, the union alleging the airline's organisational structure intentionally impeded the process.

HR title add-on helps sink council bid for external lawyers

The addition of 'human resources' to an acting health and safety advisor's job title has helped persuade the FWC that a council can rely on its own employees rather than external legal representation to defend an unfair dismissal case.

Employer wanted workers to give "100%" to strike: FWC

An employer has been labelled "disingenuous" and a union told it could struggle to explain its interest to members in the "curious" case of employees not paid for work performed when they returned to their jobs before the end of a protected strike.