Tag: fair work commission

The Fair Work Commission (FWC) has made recent decisions regarding the competing issues of work-from-home (WFH) and employer mandates to return to the office. These decisions show that FWC decision-makers will place significant weight on the facts of each WFH related dispute. In the absence of any significant precedent or legislation providing a right to WFH, each case will be determined based on an assessment of the merits of each party’s position.

Case note: Helensburgh Coal Pty Ltd v Bartley and others [2025] HCA 29

The High Court has recently issued a significant decision concerning the powers of the Fair Work Commission (FWC) when considering whether or not a redundancy was genuine, particularly in relation to whether or not redeployment was an available alternative to termination.

When your employees are regularly working hours beyond their contracted hours, or beyond 38 hours per week, there is a risk they will claim those additional hours are ‘unreasonable’.

We have summarised the law surrounding this claim and lessons from recent cases.

Case note: Naden v Catholic Schools Broken Bay Limited as Trustee for the Catholic Schools Broken Bay Trust [2025] FWCFB 82

The Full Bench of the Fair Work Commission (FWC) has held that a school wrongly refused a teacher’s flexible working arrangement request, because its response did not meet all of the requirements set out in the Fair Work Act 2009 (Cth) (FW Act).

Case note: Ms Jessica Dickson v Mr Felipe Cespedes & Susann Kovacs [2025] FWC 1218

The Fair Work Commission (FWC) has found a nanny who was paid cash-in-hand and who had agreed to be labelled as a contractor was an employee for the purposes of dealing with a general protections dismissal dispute. In the decision, Deputy President Butler examined the ordinary meanings of employee and employer and their relationships with the meaning of contractor.

Case note: Thomas Trevan v Vardan Towing & Transport Pty Ltd [2025] FWC 49

Unfair dismissal cases are the last thing a transport operator wants to see landing on their desk.  A recent case in the Fair Work Commission (FWC) is an example of how it can go wrong if you don’t address the issue squarely.

Case note: Kent Aoyama v FLSA Holdings Pty Ltd [2025] FWC 524

The Fair Work Commission (FWC) has ordered a workplace to allow an employee to work an additional day per fortnight at home to be with his young child. The FWC decision came about after the employee’s individual flexibility arrangement (IFA) request was denied.