Court and tribunal decisions page 178 of 371

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FWC releases "business needs" brake on reclassification

The FWC has ordered aerospace company Boeing to promptly deal with a tradesperson's reclassification bid, finding the company's repeated refusal to do so in breach of its enterprise agreement.

Seek immunity for complicit workers in future: Court to FWO

FWO celebrations over winning almost $400,000 in penalties against a travel company and its director for cash-back arrangements have been tempered by a court's observation that it might have been wise to secure immunity for the two visa-seeking workers concerned before initiating litigation.

Customer feedback "unfair" performance measure: FWC

In a decision that might convince employers to reconsider using client feedback as a basis for KPIs, the FWC has highlighted Audi's "astounding" absence of HR specialists in finding it unfairly dismissed a service advisor for failing to meet benchmark customer survey scores.


Kmart deal set to pass despite ballot flaws

Wesfarmers subsidiary Kmart wrongly permitted new recruits to vote for its latest agreement even though they were not engaged until after the access period, according to an FWC full bench that has nevertheless quashed an earlier rejection of the deal and invited submissions on an undertaking to provide choice of super fund.

Repeated mobile use did not warrant instant sacking

A gym must compensate a martial arts instructor for taking the "unnecessarily harsh" step of summarily sacking him, despite the FWC finding it within its rights to give him his marching orders for constantly using his phone while supervising classes.



"People like you can't get pregnant" remark justified sacking

The FWC has upheld the dismissal of an Energy Australia employee who told one colleague she could not get pregnant due to her sexuality and suggested to another that he was related to Deepak Chopra because of his Indian descent.

Super-union debuts; Bench scuttles offshore deal; & more

NUW deregistered, UWU out of the blocks; Wrong rate claim sinks offshore deal, Bench rules; Google no answer to getting dismissal right; and Cop's bid for early long service leave rejected.