Queensland employers facing millions of dollars in backpay claims are calling on the Federal Court to quash an FWC full bench decision that apprentices' pay should be measured against the more generous federal award rather than the state award when conducting the BOOT.
An FWC full bench has found it "reasonably arguable" that Coles should have known a 2014 agreement negotiated with the SDA could not satisfy the BOOT when it applied for Commission approval.
Upmarket stationery retailer kikki.K has won approval to end a dated labour hire agreement that did not include weekend and public holiday penalty rates for casual workers.
Coles, the SDA and the AWU have today asked an FWC full bench to refuse the Retail and Fast Food Workers Union permission to appear on behalf of two employees seeking to intervene in an application to terminate the supermarket giant's 2011 enterprise agreement.
The FWC has confirmed it has no authority to handle disputes about flexible workplace arrangements rejected by employers on "reasonable business grounds" unless specifically empowered to do so by an agreement.
A Senate inquiry has recommended passage of a bill that scraps mandatory four-yearly award review and has backed the FWC's proposal to backdate provisions allowing the tribunal to correct minor errors in bargaining notices.
An FWC full bench will next month deal with an attempt by the Retail and Fast Food Workers Union to intervene in a bid to terminate the 2011 Coles Supermarkets agreement, before a 10-day hearing of the substantive case in October.
The FWC has asked the Coalition to consider backdating its legislation to give the tribunal discretion to correct minor errors in bargaining notices, after a new regulation designed to reduce defects appears to have made things worse.
The bid to terminate the Coles Supermarkets enterprise agreement will be heard by an FWC full bench, after the Commission accepted that the 75,000-strong workforce it covered elevated the case to a "a matter of public significance because of its potentially broad economic and commercial effects."
