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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.

"Zoned out" truckie's sacking upheld

The FWC has upheld the summary dismissal of a truck driver who failed to provide a urine sample after a three-hour wait at a medical clinic, finding he did not make a reasonable effort to fix the problem.


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.

Think pink for COVID-19 recovery plan: McManus

ACTU secretary Sally McManus has warned against an excessive concentration of taxpayer support on blue-collar jobs in response to what is primarily a "pink recession" caused by the coronavirus pandemic.

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.

Open warfare as defence contractor sued for adverse action

An engineer who sold his company on the condition he remained employed is suing the new owner for allegedly sacking him in retaliation for accusing its chief executive of damaging his health and lodging a worker's compensation claim.

COVID-crunched employer wins 70% discount on redundancies

A pandemic-affected employer has succeeded in having redundancy payments to four workers slashed by almost 70%, the FWC finding its perilous cash position and obligation to remaining employees outweighed the impact on the quartet.

Union abandons reg challenge; Delay wage theft law: AiG; & more

Court finding on notice period change shredded; Call to halt wage theft law until working party concludes; Industry super paper concedes employees might bear costs of super rises; and $15K for academic in "labyrinthine" case.

Lawyer's admission fails to win extension for worker

In a significant decision considering representative error, a solicitor has failed to convince the FWC that his miscalculations in filing a late unfair dismissal application justified an extension, after the worker waited 15 days to confirm she wanted to proceed.