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Employer can ask claustrophobic tradie to work in enclosed spaces: FWC

A multinational "people flow" company can require a tradesperson with severe claustrophobia to transfer from an escalator repair team to an elevator repair team, the FWC has found, while cautioning that its approach to accommodating his condition would be considered if he returned with an unfair dismissal claim.

Deal approved despite union's concern over undertakings

In a decision clarifying the extent to which employers can address shortcomings in order to finalise an agreement already voted on, the FWC has approved a black coal deal opposed by the CFMMEU after accepting it would not be "substantially" changed by 14 undertakings.


Union had right to be heard on non-union deal: Bench

An FWC full bench has clarified when non-bargaining representatives opposing agreement approvals have a right to be heard, clearing the way for the CFMMEU to test whether a wrongly-declared representative is incapable of being covered by a deal.


Tardy underpayment claim foiled by new deal

A worker's tardy pursuit of claimed underpayments under an old agreement has failed, the FWC agreeing with the employer that it lacked jurisdiction once a new deal was approved.

Commission took proper account of reduced bargaining power: Full court

An FWC member gave due recognition to the reduction of employees' bargaining power that would flow from him acceding to a DP World bid to extend notice for CFMMEU industrial action from three to five days, according to reasons issued by a full Federal Court today.


Reliance on web access sinks 13% deal

In the latest FWC decision contemplating whether "minor" procedural or technical errors stand in the way of approving an agreement, a senior tribunal member has shot down a deal that delivered workers a 13% pay rise but relied on them accessing the underlying award via the internet.

Redetermine means "to determine the matter again": FWC bench

An FWC full bench has confirmed that redeterminations require the tribunal to contemplate matters afresh, quashing a senior member's orders that would have allowed her to consider just three specified issues and limit evidence in revisiting Alcoa's bid to bin its WA deal.