In a landmark decision, the Full Court of the Federal Court has ruled that the Fair Work Commission (FWC) has power to determine when, and whether, a dismissal from employment has occurred when dealing with a general protections application.[1]
On 12 February 2020 the Fair Work Commission (Commission) amended the Miscellaneous Award 2010 with effect from 1 July 2020. The changes extend the coverage of this Award to traditionally award-free employees with potentially far reaching consequences for some employers.
The Fair Work Commission (Commission) has handed down a decision (Australian Municipal, Administrative, Clerical and Services Union v North East Water [2014] FWC 6922) which highlights the extent to which ‘no extra claims’ clauses contained in enterprise agreements can limit an employer’s ability to unilaterally vary employment benefits, even where such benefits
In a novel decision, the Fair Work Commission (the FWC) has held that it has jurisdiction to hear an unfair dismissal application under the Fair Work Act 2009 (FW Act) that was made after the employer has given notice of termination, but before the employment relationship ended.
In an important decision that effectively reverses how employers assess whether their award or agreement covered employees are ‘true’ casual employees under the Fair Work Act 2009 (FW Act), the Full Bench of the Fair Work Commission (the Commission) has held that the characterisation of “casual employee” should be solely based on
The Federal Government has introduced a proposed Bill to amend the Fair Work Act 2009 (Cth) (FW Act) to allow employees who believe they have been subjected to workplace bullying to have their grievance heard in the Fair Work Commission (the FWC), a move that may potentially lead to an influx of