Tag: Fair Work Commission
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The deconstruction of “consultation”—The Fair Work Commission directives on vaccine mandates
The Full Bench of the Fair Work Commission has delivered a definitive ruling on the statutory limits of executive power under work health and safety law. In the landmark decision of Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) & Anor v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059, the tribunal ruled that a…
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The Forensic Realities of Zero-Tolerance: Deconstructing the Appellate Jurisprudence on Workplace Drug Testing
Implementing a strict, zero-tolerance drug and alcohol framework is a critical safety control for any organisation operating heavy vehicles, high-speed logistics networks, or safety-critical plant. However, when an organisation executes an abrupt termination for a policy breach, the legal battleground shifts entirely from work health and safety (WHS) obligations to the strict procedural fairness requirements…
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The Reinstatement Trap: The Critical Risk of Backdating Safety Documentation
Within heavy industry and high-risk environments, safety documentation like Job Hazard Analyses (JHAs) and Safe Work Method Statements (SWMS) are treated as legally binding operational contracts. They represent the final administrative line of defense before a task commences. A critical unfair dismissal case finalized by the Fair Work Commission (FWC) serves as a stark reminder…
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Difficulty identified with PIN notice review by Fair Work Commission
Difficulties with the model WHS Act are already being encountered by the Fair Work Commission who recently found the regulator had no jurisdiction to review a PIN notice at the request of a HSR following an inspectors decision to remove the notice. Only the person who the notice was issued to has the right to…
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Justified dismissal after failure to provide post-surgery info
Fair Work Australia has found that a Victorian Employer who dismissed a worker after he refused to provide medical details for 10 months after surgery was well within their rights. Commissioner Gooley agreed that the workers refusal to supply the requested information meant the employer had valid reason to terminate his employment.