Fair Work Commission and predecessors page 105 of 200

1998 articles are classified in All Articles > Institutions, tribunals, courts > Fair Work Commission and predecessors



"Arbitrary" coverage of high earners sinks deal

The FWC has rejected a coal mining deal that would have let a new Qube subsidiary "arbitrarily" determine coverage by excluding those paid above the high-income threshold.

Regular work, not hours, the key to casual status: Bench

An FWC full bench has allowed a casual worker to claim unfair dismissal after finding a senior tribunal member wrongly focussed on her irregular "pattern" of days and hours in holding she had not met the minimum employment period.


FWC rejects reinstated worker's second bid for costs

In a decision closely examining the FWC's power to award costs, a reinstated worker who was the beneficiary of an earlier ruling has on rehearing failed to persuade the Commission that her employer either unreasonably defended the unfairness of its actions or ignored its poor prospects of success.

"Feeling fabulous" posts derail adverse action claim

In yet another decision highlighting the potential pitfalls of social media use, the FWC has dismissed the extension of time application of a beauty therapist who claimed to suffer from agoraphobia but posted regular images of herself out with friends and "feeling fabulous".

Union official loses entry permit after "unprovoked" outburst

The FWC has taken the rare step of revoking the entry permit of a CFMMEU official who aggressively swore at a subcontractor at a road construction site before asking if he was going to use the hammer he was carrying "to smash me".

"Big threatening scary man" comment not s-x bias: FWC

The FWC has rejected allegations that a female supervisor's description of a worker as a "big threatening scary man" amounted to s-xual discrimination, finding no evidence that he was treated less favourably because he was a male.

Bench declines to trim hairdressers' penalty rates

An FWC full bench has rejected a bid to reduce hairdressers' penalty rates for weekend and public holidays, while seeking further submissions on whether weekend rates should be paid in addition to casual loading.

"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.