Fair Work Commission and predecessors page 73 of 197

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FWC lacks power to reinstate unwanted on-hire worker: Bench

In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.

Unions left stewing as another Aldi deal approved

Aldi has overcome union resistance to lock in another four-year deal at a major distribution centre by again terminating a contentious earlier agreement more than two and a half years before its nominal expiry.

Umpire cautions Canberra against agreement deadlines

The FWC has warned the Morrison Government that its legislative plan to set a 21-day deadline for approval of enterprise agreements is "unnecessary and will have unintended consequences that are contrary to the interests of the bargaining parties".

FWC loses patience with tenuous unlawful dismissal case

Observing that "you can only 'lead a horse to water' so many times", the FWC has after nearly a year dismissed what it described as a former university employee's largely incompetent unlawful dismissal claim.

Senior member fell into logic gap: FWC bench

An FWC full bench has found that a presidential member "Illogically" followed his ruling that a worker might not have been dismissed if fairly treated by calculating he would have worked just three more weeks if afforded due process.

Uninformed applicant helps employer win representation

The FWC has over the objections of a self-represented applicant granted ANZ legal representation in an unfair dismissal case, in part because of the former employee's "rudimentary" understanding as to how her case will proceed.

Dispute not our business: FWC bench

An FWC full bench has, in dismissing a former Ausgrid worker's appeal, expressed surprise that a presidential member elected to hear the matter in the first place, noting that the employer knew nothing of any dispute before she made the application.


BHP subsidiary undermining bargaining: FWC

A BHP subsidiary has been hit with a slew of bargaining orders after an FWC presidential member found it repeatedly shifted the goalposts over two years to delay making an agreement with coal mine supervisors.