In a novel decision on the need to consider alternative duties for incapacitated workers, the FWC has found an agreement clause requiring directions to be reasonable trumped BHP Coal's common law right to refuse to allow a mineworker to perform only part of his job.
An FWC full bench has refused to vary six retail awards to give workers an extra day's pay or a day off when public holidays fall their on non-working days, but has found insufficient evidence to establish an employer claim that it would have cost businesses up to $267 million a year.
Employers are not automatically entitled to reduce roster allowances when working hours fall below an agreement's "indicative" threshold, a court has found.
Ai Group says it will challenge an FWC full bench's series of draft model clauses imposing "onerous record-keeping requirements" and other complex conditions that it claims would negate the benefits of annualised wage arrangements.
In a ruling as to what constitutes "physical effort", a court has found that opening or removing curtains and straps securing a truck's load did not qualify a driver for an extra allowance under a transport industry award.
The aviation services company Aerocare is pushing ahead with a hotly-contested application in the Federal Court to overturn the Fair Work Commission's rejection of a proposed new enterprise agreement.
FWC President Iain Ross has rebuffed an application by retailer Aldi to have a full Federal Court review the rejection of its agreement because of a deficient bargaining notice.
In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.
Almost two years after an agreed deadline to review a fiercely-contested productivity measure was "overlooked", an FWC full bench majority has upheld the tribunal's right to revisit its impact on workers.
