The FWC has found that a church worker was unfairly dismissed when she failed to secure a new role in a restructure, in part because of her fast-held views on same-sex marriage.
Approving a deal that lacks RDO and TOIL provisions contained in the retail award, a senior FWC member has warned the Better Off Overall Test would become "mired in speculation on subjective and unquantifiable matters" if he had to factor in the personal preferences of each employee.
A major charity has been granted permission to use external lawyers against a self-represented foster carer in a complex case the FWC says may have broad consequences for the anti-bullying jurisdiction.
The ASU and Virgin Australia have clashed over the former's bid for a majority support determination to open the way for bargaining, the union alleging the airline's organisational structure intentionally impeded the process.
The addition of 'human resources' to an acting health and safety advisor's job title has helped persuade the FWC that a council can rely on its own employees rather than external legal representation to defend an unfair dismissal case.
An employer has been labelled "disingenuous" and a union told it could struggle to explain its interest to members in the "curious" case of employees not paid for work performed when they returned to their jobs before the end of a protected strike.
A casual worker has won a second chance to contest his dismissal after a full FWC bench found a tribunal member did not treat him justly when failing to conduct a hearing or conference to consider disputed facts.
The FWC has upheld the dismissal of an armoured vehicle operator who admitted that he might not have persevered with his case had his employer granted earlier access to "quite damning" CCTV footage
In a decision clarifying the degree to which workers can rely on their state of mind to justify late applications, the FWC has granted an extension to a cleaner "incapacitated" by stress after making serious allegations about her former colleagues.