Australian Fair Work (28 October 2026)

Send us Fan Mail The first Fair Work brief: Fair Work now has its own daily stream. Sixteen Fair Work Commission decisions from the Fair Work Tribunals edition of Wednesday 28 October 2026, one with a headnote and one with a synopsis. How to identify the regulated host of a labour hire crew inside a corporate group under the same job, same pay regime; and why a platform seeking a stay pending appeal needs evidence of its own prejudice. Fair Work Desk: who is the host in a group (lead). Application by The Australian Maritime Officers' Union & The Australian Institute of Marine and Power Engineers [2026] FWC 4170 - Beaumont DP. A regulated labour hire arrangement order under s 306E Fair Work Act 2009 (Cth) needs supply, direct or indirect (indifferent to privity), of employees to perform work "for" the host in the s 306D(2) benefit sense; identifying the regulated host looks to the host business the work benefits, not merely an employer; work is not done for a related entity merely because it supplies contracted services supporting the business the labour is supplied to; joint venture and common enterprise need probative evidence, and group membership is not enough; the applicant bears the onus. Application dismissed. JADE Fair Work Desk: a stay without the evidence (worked example from the Signal synopsis; the appeal itself is pending and nothing is predicted). Rasier Pacific Pty Ltd Trading AS Uber v Ali Hamza [2026] FWC 4164 - Easton DP. Synopsis: a thirteen-point checklist of s 606 stay principles (building on Kellow-Falkiner Motors v Edghill) applied in the new unfair deactivation jurisdiction for digital labour platforms; an arguable case for permission to appeal differs from an arguable case on the merits; status quo arguments are insufficient and there is no prima facie position favouring a stay of reinstatement orders; the stay applicant carries the evidentiary burden on the balance of convenience, and leading no evidence of prejudice, relying only on general safety submissions, was fatal. JADE Registry (listed in the edition without reasons; no outcome stated). Unfair dismissal: Raquel Gray v BESB Couriers Pty Ltd [2026] FWC 4143 ; Marco Maletti v Kitcraft Kitchens Pty Ltd Trading AS Kitchen Craftsmen [2026] FWC 4162 ; Peter Deane v Hawkesbury Pools Pty Ltd [2026] FWC 4093 ; Daniel Cowell v Brief Access Pty Ltd [2026] FWC 4165 . Protected action ballot orders: Transport Workers' Union of Australia v K&S Freighters Pty Ltd [2026] FWC 4168 ; v Mazda Australia Pty Limited [2026] FWC 4060 (applicant not printed) . Enterprise agreements: Cv Infrastructure Services Pty Ltd [2026] FWC 4172 ; Wambo Coal Pty Limited Trading AS Peabody Energy Australia [2026] FWC 4159 ; Application by UGL Operations and Maintenance Pty Ltd [2026] FWC 4155 . Award interpretation: “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers' Union (AMWU) v Schindler Lifts Australia Pty Ltd [2026] FWC 4166 . Redundancy pay: Queensland Police Citizens Youth Welfare Association [2026] FWC 4157 . Transfer of business: Evolution Precast (Vic) Pty Ltd T