Fair Work Commission and predecessors page 114 of 200

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Personal preferences would "mire" BOOT, says FWC

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.

Bullying claim against charity enters "untested" territory

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.

Airline's corporate structure hampers bargaining: Union

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.

HR title add-on helps sink council bid for external lawyers

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.

Employer wanted workers to give "100%" to strike: FWC

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.


Bundy deceit justifies sacking, says FWC

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

"Severe reaction" to sacking excuses late filing: FWC

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.