Court and tribunal decisions page 10 of 196

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HR manager's "vague" knowledge of employees' work hinders deal

A major employer has failed to apply the correct award in seeking approval for a new enterprise agreement covering two businesses, the FWC noting an HR manager involved in bargaining had "little to no knowledge" of the work performed by employees.


Split FWC bench upholds contentious labour hire deal

The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.

Employees can't "demand" flexible work arrangements: FWC

While expressing sympathy for a receptionist forced to assume responsibility for her 11-year-old sister after their mother's death, the FWC has rejected her claim she was constructively dismissed when her employer refused to modify her hours and guarantee leave for school holidays.

Offshore deal sinks again as HR manager admits ignorance of changes

The FWC has for the second time thrown out a Sodexo offshore deal after hearing its HR manager and an employee involved in bargaining did not understand a swathe of significant changes, leaving "no confidence" it was properly explained to others.


Costs refused after company secretary got employer's name wrong

A sacked director has failed to win costs allegedly arising from an attempt to paint as a money grab his misnaming of the respondent, the FWC finding his former employer was entitled to object to what was an admitted and "egregious" error.

Big W deal approved, reasons "in due course"

The FWC has approved a new Big W deal but is yet to give reasons for rejecting RAFFWU's objections about job security representations and the retailer's announcement immediately after workers voted it up that it would close stores and change rosters.

Gina's inadequately explained rail deal approved via undertakings

A senior FWC member has expressed "no hesitancy" in departing from full bench authorities on whether undertakings can overcome genuine agreement concerns, approving a deal made with two train drivers that will cover an entire workforce on the Roy Hill Pilbara mine network.

HR team given approving tick over inherent requirements sacking

In what stands as a best-practice model for inherent requirements dismissals, the FWC has endorsed an HR department's handling of a complex case involving an injured storeperson unable to lift more than five kilograms.