Fair Work Commission and predecessors page 1 of 202

2012 articles are classified in All Articles > Institutions, tribunals, courts > Fair Work Commission and predecessors


CV holdouts have redundancy payouts cut

The FWC has halved the redundancy payouts for two finance workers who stood in the way of their employer's attempt to find jobs with a competitor by declining its request for updated resumes.

Familiar Seek ad provides reason for late application: FWC

The FWC has waved through a worker's late unfair dismissal application after accepting that it took seeing a job advertisement closely mirroring her role to crystallise doubts about whether she had genuinely been made redundant.

FWC reflects on "window of currency" for valid sacking reasons

In a decision assessing how long a valid reason remains "current", the FWC has overlooked serious procedural deficiencies to back a landscaping business's summary sacking of a gardener almost two months after he called a colleague a "fat exploiter of foreigners".

High Court asked to consider "genuine" redundancies

Mining giant Peabody has asked the High Court to weigh in on the "critical question" of when redundancies can be considered genuine and the extent of FWC powers to determine how employers might avoid job losses.

"Unacceptably exploitative" case referred to FWC GM

A FWC senior member has thrown out the unfair dismissal case of a Sri Lankan worker paid $300 a month as she did not meet the minimum employment period, but will refer it to the general manager for advice or to notify the authorities.

500% of award rates a bit rich: FWC bench

Employers have succeeded in varying an award clause a FWC full bench agrees could produce the "absurd" result of workers receiving five times the prescribed minimum rates.

FWC slams "dishonest" portrayal of meeting site

A FWC presidential member has taken exception to a HSU official's description of a clinical handover area as a meal room suitable for conducting meetings, dismissing it as a "self-serving label. . . border[ing] on dishonest".

Union fails to pull plug on bid for demark orders

The principal contractor on Australia's largest energy transmission project has been cleared to continue its pursuit of orders blocking the ETU's expansion into the renewable energy sector, as the union engages in alleged "guerrilla" tactics of disruption and delay.

Worker sacked for leaving his shift for five hours

The FWC has upheld the sacking of a supervisor for changing the ratio of carers for an NDIS participant without permission and leaving a colleague in an unsafe situation.

Employer "disingenuous" in reprising PABO objections

The FWC has found two types of proposed industrial action against an employer unlawful because they lack specificity, but has also labelled the company "disingenuous" for objecting to the original PABO, withdrawing its concerns and then re-ventilating them a month later.