A senior FWC member has questioned whether paid IR agents should be more closely regulated after expressing dismay that a firm had no processes to identify an incorrectly entered date that led to late filing of a worker's unfair dismissal claim.
FWC President Adam Hatcher has given the BCA another fortnight to make a compliant submission to the awards review after it filed a proposal "directly contrary" to the scope of the project.
Svitzer has failed to convince a FWC full bench that it has an "unfettered" right to choose which category its employees fall into regardless of operating procedures at five ports.
Awards do not adequately cover visual artists and the "preferable solution" is for the FWC to create a new award, the ACTU says in its submission to the modern awards review, while also recommending the Government extend the Closing Loopholes Bill's "employee-like" definition to non-digital platform workers.
An employer has failed to win approval for a deal that introduces a "new entrant" category paying construction workers who become traffic controllers 6% below their award rate while denying them an industry allowance, with the FWC unmoved by its argument that they need more supervision.
The FWC has held that it cannot deal with a worker's casual conversion dispute as the recent sale of the business she works for has restarted the clock on her requirement to complete 12 months' service with her current employer.
In a decision delving deeply into the statutory definition of bullying, a senior FWC member has observed that allowances should be made for "some degree of exasperation or tension" between managers and those they supervise.
The FWC has waved through a former company director's late unfair dismissal claim after accepting evidence that the deadline fell on the same day as her treatment for a heart condition allegedly exacerbated by her ex-husband "vengefully terminating" her employment.
A worker who lodged a general protections claim after the FWC discontinued their unfair dismissal application has not offended the Fair Work Act's anti-double dipping provisions after the onset of a severe mental health condition left them unable to pursue their initial challenge, the tribunal has held.
The FWC has rejected an employer's argument that commissions should not be included in calculating compensation for an account manager found to have been unfairly sacked after refusing to get a COVID-19 jab.