A finding that the FWC cannot keep dealing with disputes brought under old agreements once a new deal comes into effect has produced "arbitrary, anomalous and nonsensical outcomes" and is wrong, a full bench has held, calling for an amendment to the Fair Work Act to reflect the new precedent.
A senior FWC member has thrown out a union challenge to a Commonwealth-owned business's COVID-19 vaccination mandate, while observing that having a "predisposed view" does not mean an employer has failed to genuinely consult about new policies.
The FWC has observed that a Victorian worker's application to work full-time from home under flexible work arrangements was largely motivated by her opposition to COVID-19 vaccinations, in upholding her employer's refusal of her request.
In a significant decision regarding the statutory meaning of "dismissed", a five-member FWC bench majority has ruled that an employer did not sack a worker when it shaved almost 10% off his annual pay for disciplinary reasons.
A full Federal Court has upheld findings that Qantas and Jetstar had no reasonable choice but to stand down hundreds of engineers due to coronavirus-driven events outside their control, but one member of the bench has warned that an incorrect interpretation of "stoppage of work" has been allowed to stand.
In a decision the RTBU expects to have "widespread ramifications" for employers and employees alike, potentially even disrupting sleep, a FWC full bench has held an unread text message changing an impending shift will satisfy Pacific National's notice requirements.
A university can proceed with plans to publish the results of student feedback on its courses after it overturned a FWC decision that upheld union concerns that the academics delivering them could be identified.
Mining unions have failed to convince a senior FWC member that BHP's vaccination mandate breaches the Privacy Act and that it would be reasonable to let workers confirm their inoculation status via the same check-in method they use to enter a pub.
The FWC has ordered stevedoring giant Qube to offer redundancy to a Sydney-based employee unable to work since cruise ships stopped operating in early 2020, accepting that alternative work in Wollongong would be "a huge disruption" to his family life.