Tag archives: Fair Work Commission

The Miscellaneous Award now has greater reach

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

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 terms of the enterprise agreement.

In its decision, the Commission ruled that a ‘no extra claims’ clause contained within a current enterprise agreement barred the employer from altering its Fleet Management Policy (Policy) to phase out limited private … Continue Reading

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

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 (NSW/ACT) Limited [2013] FWC 6832, Senior Deputy President Drake heard an objection by the Aboriginal Legal Service (the ALS) to the Applicant’s claim. ALS submitted that the FWC did not have jurisdiction to hear the application as it was filed … Continue Reading

When is a true casual employee not a true casual?

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 in the relevant enterprise agreement or modern award, and not according to principles in the general law.

In Telum Civil (Qld) Pty Limited v Construction, Forestry, Mining and Energy Union [2013] FWCFB 2434 (Telum) the Commission considered whether the employees … Continue Reading

Workplace bullying complaints to be heard by the Fair Work Commission

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 new workplace litigation.

This announcement followed the report by the House of Representatives Standing Committee on Education and Employment into workplace bullying.

The proposed reforms would require the FWC to deal with an employee’s application as a matter of priority, by listing it for consideration … Continue Reading