Court and tribunal decisions page 3 of 370

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Little room for "entrepreneurship" makes worker an employee: FWC

In a decision sure to catch the eye of service providers using rostering apps to keep workers at arm's length, the FWC has found that a home care worker who signed two documents describing her as an independent contractor is in fact an employee capable of suing her employer for unlawful dismissal.

Employer resists compulsory conciliation double-up

An employer is opposing a CFMEU request to have the FWC hold a joint post-PABO compulsory conciliation conference relating to two separate deals for its workers on the Cross River Rail project in South-East Queensland.

Offshore gas workers' stand-downs largely justified: FWC

An employer supplying well workers for offshore gas operations in the Bass Strait was entitled to stand down most of them when Esso suspended their services during industrial action, but the FWC has made a preliminary finding that a small yet "significant" portion might have been unauthorised.

Confidential details secure with ballot agent: FWC

The FWC has rejected an employer's bid to limit the amount of confidential employee information it must give an independent agent ahead of a protected action ballot, while it has also refused to amend the proposed PABO to include a safety commitment.

Court tosses out ROC case against MEU leader

The Federal Court has thrown out a "time barred" former ROC case accusing a MEU mining and energy division president of misusing his union credit card to cover a series of private expenses in the 2016 financial year, while also finding no evidence of dishonesty.

Case reallocated despite recusal refusal

FWC member Bernie Riordan has dismissed a recusal bid, denying that he is biased towards tradespeople and against women, but will reallocate the case to preserve the tribunal's "scarce" resources.


FWC laments "like it or lump it" extra hours scenario

The FWC has expressed dismay at a large aged care employer's "shift bidding" system in which it offers part-time workers extra hours only at ordinary pay, recommending instead that each employee get a chance to cap how many such shifts they are prepared to work without receiving overtime rates.

Sacked Qantas workers face delay for compensation

Former Qantas ground crew seeking compensation for their unlawful sacking in 2020 will have to wait at least two more months after parties presented the trial judge with competing views about the cohort's continuing employment prospects.

FWC puts bank's zombie deals in the vault

Union support has not proved enough for a clutch of CBA workers to have their zombie AWAs extended, after a FWC full bench accepted the bank's efforts to ameloriate any losses arising from transferring to its existing enterprise agreement.