Court and tribunal decisions page 1 of 370

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Deal approved over CFMEU's "granular" objections

In a decision with echoes of the CFMEU's failed opposition to a controversial non-union power industry deal that went all the way to a full Federal Court, the FWC has approved a civil construction agreement after rejecting the union's "granular" approach to explaining its terms.

Big miner should not have cut worker adrift: FWC

A MEU lodge president with an "extensive" disciplinary record has narrowly won his job back at a South32 coal mine, but not before having his backpay halved for failing to report the safety incident that led to his sacking.

Banker having a lend on 100% WFH request: FWC

A bank manager has failed to establish that his employer lacked reasonable business grounds for refusing his request to work solely from home to aid his injured yoga instructor partner's recovery as she conducted 15 high-intensity lessons per week.

HR professor's Pride flag objection falls flat

A HR professor who describes himself as "against woke nonsense" has failed to persuade a FWC member that he should recuse himself from hearing his general protections application because his chambers' email signature features the LGBTIQ+ flag.

Resignation ends harassment case after "vile" texts

The FWC has declined to make orders in a rare s-xual harassment dispute decision, despite forming a preliminary view that a co-worker sent "vile" and inappropriate texts to a junior employee.

Scottish brogue contributed to worker getting the boot: FWC

The FWC has found it highly likely that a worker's Scottish accent contributed to her "this is sh*t" comment being misheard by her supervisor as "I quit", meaning the employer lacked a valid reason for her subsequent dismissal.

Payouts cut after workers refuse 100% WFH restructure

The FWC has reduced the redundancy entitlements of five former employees of online trading platform Bartercard after they refused new positions requiring them to work exclusively from home and to fork out the full cost of setting up an appropriate space.

Umpire asks paymaster to attend bargaining talks

The FWC has urged the Defence Department to send "an authorised and properly instructed representative" to deadlocked bargaining negotiations at the Australian Submarine Corporation.

Role too different to reduce redundancy pay

The FWC has "condemned" an employer for characterising its bid to redeploy a worker to a "substantially different role" as fulfilling its redundancy obligations and has refused to reduce his severance payment.