Fair Work Commission and predecessors page 107 of 202

2014 articles are classified in All Articles > Institutions, tribunals, courts > Fair Work Commission and predecessors


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.

Latest Aerocare deal fails BOOT as award reversion looms

The FWC has again thwarted major aviation services company Aerocare's long quest to replace its now-terminated 2012 agreement, finding that an updated 2018 deal still failed the BOOT despite attempts to allay split-shift concerns.

Undertakings soar over genuine agreement hurdle: FWC

In a decision affirming the FWC's expanded ability to use undertakings to approve agreements, a controversial non-union power industry deal made with a handful of employees has been rubber-stamped despite concerns about how it was explained to those it covers.


Employer's failed appeal denies worker extra $5000

An FWC full bench has upheld a dismissal payout to a manager who falsified a medical certificate in order to attend a job interview, while rejecting a bid by the employer to recalculate the figure that would ultimately have seen her receiving $5000 more.