Australian Fair Work (5 November 2026)

Send us Fan Mail The Fair Work Tribunals edition of Thursday 5 November 2026: 113 decisions, five with headnotes. Two rideshare drivers with the same defect in their deactivation warnings, one reactivated and one not; two Full Bench decisions; and a regular casual on a system. Fair Work Desk: unfair deactivation, every word of the warning (opening story). Jahanzaib Ali Khan v Rasier Pacific Pty Ltd [2026] FWC 4247 - Lake DP. Code consistency first (s 536LW(c)); each item of conduct relied on needs a s 8 compliant warning or the s 9 exception; warnings omitting the delegate or registered organisation employee words do not comply; Code compliance confined to conduct in the notices (s 14(4)). Objection dismissed; unfair; reactivation ordered; lost pay to be determined. Application by Khurram Ahmed [2026] FWC 4235 - Clancy DP. The same s 8(2)(c) omission meant non-compliance (s 536LJ(3)), but a valid reason and a breach "trifling in the extreme" meant the deactivation was not unfair. Application dismissed. Fair Work Desk: the Full Bench . United Workers’ Union v Thrive Group Tasmania Inc [2026] FWCFB 285 - Gibian VP, Bell and Farouque DP. Majority (Gibian VP, Farouque DP): discontinuing to avoid a s 191A amendment is generally a significant, often compelling, reason to extend time under s 185(3)(b); Bell DP found no appellable error. Unanimous: the BOOT is anchored to the award when the application is made (s 193(1), (6)). Permission to appeal refused. Linh Tran v Westpac Banking Corporation t/as Bank of Melbourne [2026] FWCFB 287 - Gibian VP, Millhouse and Bell DP. Correctness standard for s 739 jurisdiction on appeal; dispute steps flexible on the clause's words; no referral in perpetuity after prolonged inaction. Permission granted; appeal dismissed. Fair Work Desk: a casual on a system . Stephen Morgan v Origin Education Group Pty Ltd Trading AS Origin Institute [2026] FWC 4222 - Easton DP. Systematic basis, not systematic hours. Jurisdictional objection rejected; the application itself is still to be determined. Registry: two synopses . Erica Bosloper v Linkpoint Lawyers Pty Ltd and Jun Pan [2026] FWC 4208 - Sloan C. s 15AA employee test; a partner in name only, not qualified as a principal, can practise only as an employee (synopsis). AMWU v Robern Menz Australia Pty Ltd [2026] FWC 4234 - Thornton C. Majority support determination: an employer that "may consider" bargaining has not agreed to bargain (synopsis). Registry by topic (listed without reasons; no outcome stated). Unfair deactivation: FWC 4239 , FWC 4230 . Unfair dismissal: FWC 4245 , FWC 4240 , FWC 4047 , FWC 4241 , FWC 4254 , FWC 4224 , FWC 4246 , FWC 3816 , FWC 4046 , FWC 4204 , FWC 4186 , FWC 4274 , <a href='https://jade.io/article/1294688