The implications of the Federal Court's retail underpayments decision are only starting to be understood, with employment law academic Andrew Stewart warning of the significent consequences of its redefinition of employer record-keeping obligations and findings on proving workers' agreement to vary award conditions.
The workplace watchdog's power to hold franchisors to account for franchisees' underpayments has been bolstered, after a full Federal Court today threw out a challenge by the Bakers Delight chain.
Ahead of a 17-day full bench hearing of the shop union's junior rates case from October 20, the FWC has published summaries of the "substantial" evidence, which show that the AiG is arguing that lower rates create an incentive to employ young people, and RAFFWU characterising junior wages as a form of "child labour exploitation".
As Adero Law prepares to file a class action accusing Super Retail Group of underpaying up to 3000 store managers via an "entirely foreign" annualised salaries system, the company has sacked its chief executive over his affair with its former head of HR, while defending proceedings launched by two whistleblowers.
A FWC full bench is seeking submissions on any additional issues its review of award part-time provisions should consider, and will then consult on proposed research, while the tribunal has also begun a review of redundancy provisions in selected awards.
Almost a year since the FWC inserted right to disconnect terms in awards and on the eve of the entitlement extending to small businesses, the FWC is indicating that the lack of any significant case law since its inception suggests it should delay a promised 12-month review and development of guidelines.
Employers are seeking work-from-home-related changes to the clerks award to make it easier to spread out working hours without requiring penalty rates, remove minimum engagement restrictions and overhaul meal and rest break provisions.
A FWC full bench led by President Adam Hatcher has abruptly ended conciliation of the crucial clerks award WFH case after a "highly regrettable" leak of confidential information to the media, while issuing a broader warning that participants should respect processes conducted behind-closed-doors.
Labor maintains that its legislation to protect penalty and overtime rates, to be introduced to Parliament tomorrow, will block changes to awards that might make a single worker worse off.
