Dispute resolution page 1 of 11

104 articles are classified in All Articles > Industrial action/disputes > Dispute resolution


FWC member sharpens "shiftworker" definition

A senior FWC member has delved into arbitral history to offer his own definition of a 'seven day shiftworker' after expressing frustration that there is no "simple" or "unambiguous" description of the term in the many awards it is employed.

Business sale restarts casual conversion clock: FWC

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.

Pay discount upheld for drinking, smoking teacher

A teacher who smoked and lifted a cask of wine above his head to drink from its tap during a video meeting to discuss online learning during a COVID-19 lockdown has failed to overturn a decision to dock his pay for a year.

Bowel disease, custody issues not enough for WFH order

A worker with inflammatory bowel disease has lost his bid to use the Secure Jobs Act flexible work provisions to resist a request to return to the office 40% of the time, the FWC finding it will boost his employer's ability to lift his productivity and allow others to benefit from his experience.

Ingham's workers' pay win after picket deemed beyond FWC powers

Striking Ingham's workers in two states are set to earn an average $100 more a week under an in-principle agreement struck on the back of 24-hour stoppages and a rancorous picket, after the FWC found that it could not make a s418 order to stop the blockade.

FWC members playing active role in pre-strike talks

The FWC's national practice leader for bargaining says "almost all" members are issuing directions in addition to attendance orders ahead of compulsory post-PABO conciliations and appear to be regularly making recommendations during the conferences.

FWC refuses strike pause while Virgin pursues IBD

The FWC has refused to suspend engineers' industrial action at a Virgin Australia subsidiary while their employer pursues an intractable bargaining declaration, in an early test of the new Secure Jobs provision.

Compensation cap rises to $83,750 on Saturday

The income and compensation caps for unfair dismissal claims are set to increase on Saturday, along with filing fees for a range of other applications.


Drivers shunted into COVID-19 siding fail to win lost pay

In a decision exploring what constitutes a disciplinary investigation, a FWC full bench has quashed a finding that a public transport agency must pay a group of train drivers blocked from attending work after failing to comply with its COVID-19 vaccination policy.