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The faults in an employer's disciplinary process were "not mere blemishes" but rather "substantial flaws that rendered the process unfair", the Fair Work Commission has found.

The employer couldn't defend issuing a written warning in circumstances where it had failed to follow its own misconduct policy, Deputy President Terri Butler said.

The Mining and Energy Union raised a dispute with Anglo Coal (Moranbah North Management) Pty Ltd on behalf of the fly-in fly-out worker after he received a 'level 2' warning in June last year; it sought for the warning to be removed or downgraded.

The employee had worked at the employer's Moranbah North Mine in Queensland since 2010, where once a month his first shift would start at 5:00am on a Monday...