Collins and AMWU v Rexam Australia Pty Ltd

The case of Collins and AMWU versus Rexam Australia Pty Ltd was heard by the Fair Work Commission, concerning the lawful termination of an employee based on non-compliance with a direction to work alternating shifts. The Australian Manufacturing Workers' Union (AMWU) represented the employee, arguing that the termination was unjust and sought compensation. Rexam Australia Pty Ltd contended that the direction was lawful and the termination was justified.

The legal issues before the Commission included whether the employer's direction for the employee to work alternating shifts was lawful and whether the employee's failure to comply with this direction constituted a valid reason for termination. Additionally, the Commission had to consider whether the termination was for reasons prohibited under Section 170DF of the Fair Work Act, and if so, whether the employee was entitled to compensation.

The Fair Work Commission determined that the employer's direction was lawful, as it was within the employer's rights to manage its operations. However, the Commission found that the employee's termination was unfair because it was for a reason prohibited under Section 170DF. The employer had failed to consider alternative arrangements that could have been made to accommodate the employee's circumstances. Consequently, the Commission ordered that the termination was unfair and awarded compensation to the employee.

The Fair Work Commission's final orders included a declaration that the termination was unfair and that the employee was entitled to compensation. The Commission also ordered the employer to pay the employee the amount of compensation determined, reflecting the loss suffered due to the unfair termination.