FWC Full Bench Overturns Flexible Work Request Decision
A Full Bench of the Fair Work Commission (FWC) has reversed an FWC Commissioner’s February 2025 decision which upheld a primary school’s refusal to accommodate a request for flexible working arrangements. The decision of the Full Bench underlines the necessity of adhering to the Fair Work Act’s procedural requirements before refusing a request of this nature.
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Initial Submissions Filed in Annual Wage Review
Initial submissions have been filed with the Fair Work Commission in the Annual Wage Review 2024-2025 in which the Commission reviews modern award minimum wages and the national minimum wage (NMW) order.
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Non-compete clauses to go under a re-elected Albanese Government
A re-elected Albanese Government plans to outlaw non-compete clauses for workers earning less than the high-income threshold in the Fair Work Act (currently $175,000) in changes the government says will spur new business entry and competition.
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2025 Easter (& Other) Public Holidays – Eastern States
With 2025 racing away and Easter just around the corner, numerous public holidays will be in force across Australia in the coming months, commencing with the traditional four-day Easter long weekend in the Eastern States.
Continue reading “2025 Easter (& Other) Public Holidays – Eastern States”Pre-election IR promise by Teal candidates to pursue change to small business definition
With a federal election on the horizon, some elements of IR policy are starting to be revealed, with independent candidates voicing their support for an employer-driven initiative to see the small business threshold increased from a headcount of 15 employees, to at least 25.
Continue reading “Pre-election IR promise by Teal candidates to pursue change to small business definition”Review confirms paid FDV Leave entitlement “appropriate” but underutilised
Late last year, an independent review into the paid Family & Domestic Violence (FDV) Leave entitlement, which was introduced by the Albanese Government in 2023, indicated the scheme was “appropriate and sufficient”, but the Flinders University report flagged “limited awareness” and evidentiary requirements as barriers contributing to low uptake among victim-survivors.
Continue reading “Review confirms paid FDV Leave entitlement “appropriate” but underutilised”Personal leave covers “elective cosmetic surgery”: FWC
In January, a Brisbane-based Member of the Fair Work Commission, while determining a dispute under an enterprise agreement, helpfully reinforced that personal leave extends to an employee undergoing any type of “elective” surgery, subject to the absence being supported by suitable evidence.
Continue reading “Personal leave covers “elective cosmetic surgery”: FWC”Continuity of learning trumps Senior Teacher’s part-time work request
A Catholic primary school has satisfied the Fair Work Commission (FWC) that it had reasonable grounds for refusing the request of a teacher who sought to return to her leadership position on a part-time basis following parental leave, with the FWC accepting the “risk of detriment to learning outcomes” outweighed the potential negative impacts on the employee’s financial position and career progression. This decision was successfully appealed on 22 April 2025.
Continue reading “Continuity of learning trumps Senior Teacher’s part-time work request”Failure to consult “accentuated” unfairness of redundancy during parental leave
A small business employer failed to “adhere to basic standards of decency” when it notified an administration employee of the redundancy of her role, by email, whilst she was absent on parental leave, though her compensation was kept to a minimum due to the genuine and significant scaling-back of the employer’s enterprise.
Continue reading “Failure to consult “accentuated” unfairness of redundancy during parental leave”Supermarket casual’s unavailability provided valid reason for dismissal
The Fair Work Commission has upheld the termination of a casual Coles employee who did not accept a shift in over 90 days, confirming the fact the employee’s “availability did not align with operational requirements” constituted a valid reason for dismissal, but suggested the process adopted by the employer when concluding the employment of casuals who have “not worked for a substantial period of time” could be improved.
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