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FWC orders initial 4% pay rise for Home Affairs workers

The Fair Work Commission has ordered an immediate 4% pay rise for about 13,000 employees of the former Department of Immigration and Border Protection, after noting they have not received any increases for almost five years.

BHP worker who flunked drug test allowed to challenge dismissal

The FWC has extended time for a BHP joint venture mineworker to lodge a general protections claim challenging his sacking over a failed drug test, but has agreed there is "great weight" to the employer's view that it is essentially an unfair dismissal application in disguise.

FWC member stands herself down over perceived bias

In a rare case of an FWC member standing themselves down, a commissioner has found that comments she made about the "vexatious" applicants in a discontinued anti-bullying case could lead observers to question her impartiality when considering a counter anti-bullying application by the original respondent.

"Honest" Facebook error no defence: FWC

In a broad warning to employees mixing social media and work, the FWC has found that a BHP Billiton mineworker was justifiably sacked despite upon realising his error quickly deleting two Facebook posts mistakenly asserting shifts were cancelled.

Incomplete excuses for delays don't sink late filings: Bench

A February FWC full bench finding that a worker was wrongly denied an extension of time to file on the basis he needed a credible explanation for the entire length of the delay has prompted a bench to overturn another decision refusing more time.

Union official's summary sacking fair under small business code: FWC

The Flight Attendants Association has successfully claimed a small business exemption from a manager's unfair dismissal claim on the basis elected officials are not employees, the FWC finding that in helping draft a ROC complaint she defied reasonable directions not to discuss the secretary.

Marketers' alleged 'control' of workers detailed in class action claims

Two big international direct marketing companies exercised control over workers who were engaged as independent contractors to sell products or solicit donations to major corporations and charities, according to documents lodged with the Federal Court.

ABCC unmoved on Eureka flag ban despite FWC's contrary view

The ABCC will continue to take a strict line against the flying of the Eureka and CFMMEU flags on construction sites, despite the Fair Work Commission finding that it does not breach freedom of association.