Reinstatement + $33K for worker sacked over curious personal leave claim on PH shift
A Western Australian stevedore has successfully challenged his dismissal for “dishonesty” over claiming personal leave for a shift which was due to commence at 4.00pm on Australia Day, with the Fair Work Commission rejecting the employer’s assessment that he had engaged in “misconduct” by attending an event at a local restaurant with his partner while he maintained he was unfit for work.
Continue reading “Reinstatement + $33K for worker sacked over curious personal leave claim on PH shift”Disputed verbal resignation derails Property Stylist’s general protections bid
An assistant property stylist has been denied the opportunity to pursue her general protections dismissal claim, with the Fair Work Commission upholding her former employer’s jurisdictional objection that she voluntarily resigned because she was “not happy” in her role, rejecting the employee’s argument her employment was terminated because she did not “formally submit a written resignation”.
Continue reading “Disputed verbal resignation derails Property Stylist’s general protections bid”FWC commences review into part-time employment provisions in Modern Awards
Late in July, the Fair Work Commission (FWC) flagged the commencement of a review of part-time employment provisions in certain modern awards, a matter initiated on the Commission’s own motion, and foreshadowed in the final report produced for the Modern Awards Review 2023–24 (the Review).
Continue reading “FWC commences review into part-time employment provisions in Modern Awards”Right to Disconnect extends to small businesses from 26 August
From 26 August 2025, the ‘Right to Disconnect’ will be available to employees of small business employers, being employers with less than 15 employees, on a headcount. The right to disconnect mechanism has had application in larger workplaces for the past year.
Continue reading “Right to Disconnect extends to small businesses from 26 August”FWO launches multi-year inquiry into Disability Support Services Sector
The Fair Work Ombudsman (FWO) has initiated what proposes to be a comprehensive examination of the Disability Support Services Sector, in a bid to better understand how “widespread non-compliance with workplace laws” continues to occur within “a sector with vulnerable consumers and workers”.
Continue reading “FWO launches multi-year inquiry into Disability Support Services Sector”Albanese Government introduces penalty rates Bill; Greens push for 4-day work week
On 24 July 2025, the Government presented to Parliament its proposed legislation to protect penalty and overtime rates in Modern Awards to counteract employer-driven applications currently before the Fair Work Commission (FWC), which seek to permit penalty rates to be traded away under a salary-type arrangements in select awards.
Continue reading “Albanese Government introduces penalty rates Bill; Greens push for 4-day work week”Drowsy poultry worker roasted for refusal to submit to drug test
The Fair Work Commission has upheld the termination of a poultry worker who refused to undertake a drug test after he fell so deeply asleep while being transported at the end of a shift that he had to be woken by paramedics, with his unsatisfactory explanation for the incident compounded by his failure to attend a meeting with his employer to discuss his refusal.
Continue reading “Drowsy poultry worker roasted for refusal to submit to drug test”Disputes over Flexible Working Arrangements producing mixed bag of results
As more businesses scale-back work-from-home (WFH) initiatives triggered by the COVID-19 pandemic and more employees find themselves being required to attend the workplace regularly, requests for flexible working arrangements have become a popular channel for employees seeking to maintain remote work opportunities, with the Fair Work Commission (FWC) routinely called upon to intervene in disputes.
Continue reading “Disputes over Flexible Working Arrangements producing mixed bag of results”Intoxicated garbo overturns dismissal on appeal
A rubbish truck driver who was sacked after recording a low-level alcohol reading pre-shift in June 2024, has successfully overturned the original decision that his dismissal was fair, and won reinstatement courtesy of a Full Bench decision which explores the nuances of an employee being “intoxicated at work” for the purposes of the serious misconduct definition, while highlighting the importance of employees having opportunity to respond to all concerns their employer may be weighing when considering termination.
Continue reading “Intoxicated garbo overturns dismissal on appeal”Gender-based Undervaluation – Priority Awards Review: Final Stage Hearings set
In our news post of May, we explored various changes a Full Bench of the Fair Work Commission determined to be necessary in several Modern Awards applicable in highly feminised industries; these awards include the Children’s Services Award 2010 (CS Award), the Health Professionals & Support Services Award 2020 (HPSS Award) and the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). Following a Directions hearing on 15 July, the matters have been set down for multi-day hearings in October and November, representing the final stage of the Gender-based Undervaluation – Priority Awards Review process.
Continue reading “Gender-based Undervaluation – Priority Awards Review: Final Stage Hearings set”OUR SERVICES
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