Court and tribunal decisions page 155 of 372

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Employer "lie" no basis to reinstate claim: FWC

The FWC has refused to relist a worker's unfair dismissal application despite his claim he withdrew it only after his former employer reneged on an assurance he would be provided with a separation certificate to his liking.

Newsflash: Minimum wage decision tomorrow

The FWC will tomorrow bring down its much-anticipated decision in this year's minimum wage review, with employers calling for a pay freeze due to the pandemic's impact on business and unions arguing for a 4% rise to stimulate the economy.



"Strange" timing as council scraps work-from-home custom

In a case of curious timing, the FWC has endorsed a council's mid-pandemic scrapping of an enduring work-from-home arrangement on the basis it fell outside the purview of a flexible work agreement clause.

Workpac seeks to take Rossato to High Court

Labour hire company Workpac has sought special leave to appeal to the High Court last month's momentous Rossato decision paving the way for casuals to claim leave entitlements, a ruling employers now estimate could expose them to more than $14 billion in back-pay.

Bench rules on when undertakings can be accepted

In a significant decision on agreement-making, an FWC full bench has clarified that the tribunal must reject any undertakings that have a "transformative" effect such that they could have affected workers' votes.


FWC permits dismissal claim against deregistered company

After confirming a company's deregistration is no barrier to determining an unfair dismissal claim, the FWC has found the sacking complied with the small business dismissal code but has referred "questionable practices" to the ATO and Home Affairs.

Names on ballots didn't invalidate virus-driven vote: FWC

The FWC has let a construction company bin a 5% pay rise that came into effect in February plus next year's increase, despite CFMMEU evidence that some workers felt pressured to support the COVID-19 variation in a ballot that identified their vote.