Container terminal operator DP World's refusal to bargain while MUA members take protected action has contributed to a FWC finding that it would not be in the public interest to suspend it for a 90-day "cooling off" period.
A court has issued rare orders compelling a former economics professor to face FWO questions under oath about his capacity to pay penalties and compensation arising from underpayment judgments handed down in 2019 and 2020.
In a decision delving deeply into the statutory definition of bullying, a senior FWC member has observed that allowances should be made for "some degree of exasperation or tension" between managers and those they supervise.
A worker who lodged a general protections claim after the FWC discontinued their unfair dismissal application has not offended the Fair Work Act's anti-double dipping provisions after the onset of a severe mental health condition left them unable to pursue their initial challenge, the tribunal has held.
The TWU is asking the FWC to hear in tandem its separate bids for intractable bargaining declaration bids at two Cleanaway Waste Management sites, but the company has no truck with that view, saying the context at each location is "very different".
The FWC has rejected an employer's argument that commissions should not be included in calculating compensation for an account manager found to have been unfairly sacked after refusing to get a COVID-19 jab.
An employer seeking to be covered by an existing agreement could potentially "operate in a better way" if a clause granting five days leave in return for working on three public holidays is removed, but the FWC has found the change would deny employees the chance to use the entitlement as a bargaining chip.
A senior FWC member should have considered a worker's "genuine belief" that he lodged his general protections claim on time, even though he had in fact filed a blank unfair dismissal form, a full bench has held in tackling a novel question about when an application is made.
The FWC has reinstated a Sydney Trains worker who used cocaine while on leave, after lambasting the employer for not making it clear that it tests for use rather than impairment and for failing to take on board earlier criticism of its drug and alcohol policy.
RAFFWU says it is suing Woolworths on behalf of about 1400 night shift workers allegedly "dragged into meetings" at the height of the pandemic and made to "radically change their work hours from overnight to day or evening work", costing individuals up to $30,000 a year.
