Fair Work Commission and predecessors page 111 of 202

2013 articles are classified in All Articles > Institutions, tribunals, courts > Fair Work Commission and predecessors


Dismissal round-up: Spam excuse wins extension; & more

Time extended after application lands in spam folder; Woolies failed to clarify termination date; FWC upholds sacking for taking unauthorised leave; and Tribunal backs dismissal for threat to "kill" manager.

Senior FWC member resists bench's recusal advice

A senior FWC member has sought to contain the fall-out from a full bench decision recommending those conciliating a matter should automatically cease arbitrating it if a party objects, observing that simply sending an email citing the case does not guarantee success for such requests.

Court to rule on AWU challenge to AFP raids

The Federal Court will this Friday deliver its long-awaited verdict on the lawfulness of the Federal Police raids on the AWU's offices in October 2017.


Union to appeal dismissal over Hitler parody video

The AWU will argue that a senior FWC member failed to factor in the "true nature and effect" of a BP technician's Hitler parody video in its appeal against her decision upholding his sacking.


Sacked salesperson dug hole, "and kept digging": FWC

The FWC has upheld the sacking of a car salesperson accused of forging a customer's signature to secure finance on a vehicle, finding the alleged misconduct of "sufficient gravity" to outweigh an imperfect dismissal process.

HR manager's "vague" knowledge of employees' work hinders deal

A major employer has failed to apply the correct award in seeking approval for a new enterprise agreement covering two businesses, the FWC noting an HR manager involved in bargaining had "little to no knowledge" of the work performed by employees.

Deal approvals require more than "cursory gaze": FWC

A subsidiary of an established mining services company has failed to convince the FWC not to hear from the CFMMEU on a deal covering eight workers at the time it was made, purportedly because the Fair Work Act intends for small business to enter into agreements "without hindrance".

Split FWC bench upholds contentious labour hire deal

The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.