News

Another employee fails with ongoing work-from-home bid

Merely a handful of disputes about the right to request flexible working arrangements have been referred to the Fair Work Commission (FWC) since the jurisdiction was introduced in mid-2023, and so far, the decisions have favoured employers. Most recently, a South Australian bank employee has failed to convince the FWC he should be able to remain working entirely remotely to support both his wife and daughter, with the Commission endorsing his employer’s requirement that all staff return to the workplace in some capacity. 

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FWC endorses termination of injured Store Manager despite procedural deficiencies

The Fair Work Commission has upheld the pre-Christmas dismissal of a Store Manager who suffered debilitating injuries in a serious car accident in early-2023, overlooking procedural flaws to find there was no reasonable prospect of the employee successfully resuming his full-time role in the foreseeable future. 

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Demo worker fairly dismissed for causing own near-death experience

A truck driver for a demolition company has failed to convince the Fair Work Commission that the seriousness of a safety breach which could have seen him run over by an excavator had been overstated, with termination being endorsed as an option which was “reasonably open” to the employer. In upholding the truck driver’s summary dismissal, Commissioner Allison also rejected the employee’s claim that a bullying complaint he had raised the day after the incident played any part in the decision to dismiss.

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Aged Care Work Value Case – Stage 3 Decision

On 15 March 2024, the Fair Work Commission (FWC) handed down its ‘Stage 3’ decision in the long-running work value case, which has been underway since 2021. The claim, initiated by the HSU, has pursued wage increases for employees engaged in the Aged Care sector who provide direct care to aged persons under the Nurses Award 2020, the Aged Care Award 2010 and the Social, Community, Home Care & Disability Services Industry Award 2010.

UPDATE: In September, the FWC published the final determinations to vary each award from ppc 1 January 2025.

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‘Closing Loopholes No. 2’ passed by Parliament

After agreeing to split its desired ‘Closing Loopholes’ legislation into separate parts to secure passage of the less controversial elements prior to Christmas 2023, the next instalment of the Government’s proposed IR reform has been successfully negotiated faster than expected, with the ‘Closing Loopholes No. 2’ Bill having passed both Houses of Parliament as of 12 February. The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (‘Closing Loopholes No. 2’) received Royal Assent 26 February 2024.

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Modern Awards to contain revised PAID (union) training leave from 1 July

Following on from changes ushered in within part one of the ‘Closing Loopholes’ legislation (ratified prior to Christmas), the Fair Work Commission has commenced the process of constructing a suitable delegates rights’ clause for inclusion in all Modern Awards from 1 July 2024, which, once operative, will entitle elected union delegates to reasonable access to paid leave for the purposes of attending related training.

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