Fair Work Commission and predecessors page 2 of 197

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FWC can rule on disputed terms after deal approved: Bench

In a significant decision acknowledged as potentially being viewed as "undemocratic", a FWC full bench majority has found it has the power to make a workplace determination on contested bargaining matters after a deal has already been approved by the Commission.

"Implied" vote enough for union rule change

The head of the FWC's registered organisations branch has warned Australia's second-biggest union that another decision-maker might not be so accommodating in approving a rule change advanced without conducting a formal vote.

Half-baked settlement deeds not enough to close case

The FWC has rejected an employer's bid to wind up a general manager's unfair dismissal case after finding that neither of two settlement offers could be regarded as binding.


"Judge, jury and executioner" sacking was harsh: FWC

A small not-for-profit organisation with no shortage of valid reasons for dismissing a finance manager who "disappeared" during an audit period has nevertheless been ordered to pay her more than $12,000 compensation after the FWC found its executive director should not have acted as "judge, jury and executioner" by overseeing the entire disciplinary process.

Employer's 250-strong in-house team no barrier to external lawyers

An individual bargaining agent has failed to persuade the FWC that it should not permit Australia's largest private sector company and second-biggest union – both with substantial legal and IR capacity – from engaging external lawyers to defend a bargaining order bid, as negotiations continue to replace its supermarkets deal.

FWC turns volume up on Cochlear bargaining

One of the country's longest-running bargaining disputes has sprung to life again after the FWC granted the AMWU a majority support determination despite protestations from employer Cochlear that union officials trespassed on its premises in pursuit of petition signatures.

FWC outlines options for dealing with paid agents

The FWC is seeking feedback on options to rein in "challenging paid agent conduct" including new laws to establish a registration system and make it clear the tribunal can consider representatives' "capacity" when granting permission, plus a code of conduct.

Murder suspect given extra time to contest sacking

An accused murderer has won extra time to pursue an unfair dismissal case against the ATO, claiming it constructively dismissed him when his wife used her power of attorney to tender his resignation while he was incarcerated and suspended from work.