Tag archives: Fair Work Commission

The Miscellaneous Award now has greater reach

Photo of Shannon WalkerBy Shannon Walker on Posted in Australia
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.… Continue reading

‘No extra claims’ clause in enterprise agreement puts the brakes on employer changing its company car policy

Photo of Jason NoakesBy Jason Noakes on Posted in Australia
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 do not arise under the … Continue reading

Is notice of dismissal a dismissal under the Fair Work Act?

Global Workplace InsiderBy guestauthor on Posted in Australia
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 Mr Michael Kovac v Aboriginal Legal Service … Continue reading

When is a true casual employee not a true casual?

Global Workplace InsiderBy guestauthor on Posted in Australia
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 specific definition … Continue reading
LexBlog