News

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.

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.

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.

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.

A service station manager’s “deliberate” decision to secretly record a disciplinary meeting after being told not to has been described by the nation’s workplace tribunal as a “serious breach of trust and confidence” and a “very serious matter.”

Continue reading “Fair Work Commission Takes Dim View of Worker’s Secret Recording”

A council worker who was dismissed after he sent a text message to a colleague saying he wanted to “punch on” with his supervisor and referring to the supervisor as a “rude c—” has won reinstatement to his position after the Queensland Industrial Relations Commission (QIRC) found his dismissal was unfair.

Continue reading “Council Worker Sacked After Saying He Wanted to Punch On With Manager Wins Reinstatement”

The long-running review of entry-level classifications in dozens of Modern Awards has finally reached its conclusion, with the Fair Work Commission (FWC) having settled and published determinations varying nearly 50 awards, with most amendment variations set to take effect from ppc 1 January 2025.

A security officer who was summarily dismissed for “physical assault” of a patient in the mental health ward he was assigned to has been awarded over $50,000 compensation for his dismissal, with the Fair Work Commission unable to conclude on the evidence that the alleged serious misconduct occurred.

A presidential member of the Fair Work Commission has reminded all employees that genuine operational changes, such as redundancies, can occur at any time during employment, including when an employee is on leave, or whilst a flexible working arrangement is in force.