Why FWC called out a fraud warning and rejected a safety veto
A steel mill worker’s “fraud” warning has been ruled unreasonable by the Fair Work Commission, which also rejected his employer’s attempt to veto his safety role.
In a decision issued on 30 December 2025, Commissioner Tran in [2025] FWC 3874 examined how SSX Services Pty Ltd, trading as Infrabuild Steel Laverton Steel Mill, handled both a disciplinary process and a workplace safety appointment under its enterprise agreement.
The case involved Melt Shop Operator and Health and Safety Representative Jaydan Brandon. On 11 December 2024, Brandon attended a quarterly Workforce Consultation Meeting at the Laverton Steel Mill. On the union-prepared attendance sheet for that meeting, he wrote “2” in the column headed “OT HRS 1 OR 4.” The company later took the view he should have claimed only one hour, because the meeting was scheduled at the end of his rostered shift.
Brandon said he had relied on union flyers advertising the meetings. Each flyer described the session as a “PAID MEETING” and told members there would be a “Four hour min for those coming in off shift” and “Hour-by-hour for those staying back.” The Australian Workers’ Union later wrote to the company acknowledging that this advice was erroneous and accepting responsibility for the confusion, noting that Brandon had been on site for the two hours he recorded.
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