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RtD term lacks "practical detail": ACTU

The ACTU is recommending the FWC include more "practical detail" in its draft "right to disconnect" award term, to "spell out" what the Commission will consider when it determines whether or not a refusal is unreasonable and is also proposing a review in 12 months.

Proposed RtD term needs clarification: Expert

The proposed "right to disconnect" modern award clause is "mostly suitable", but should clarify that the entitlement is a "workplace right" within the meaning of the Fair Work Act's general protections provisions and specify the dispute resolution procedure to follow, an employment and contract law academic says.

Harmony on proposed casuals' award changes

A FWC full bench has won support from unions and employers for suggested variations to casual employment clauses in awards to avoid friction with Closing Loopholes changes that take effect next month, although the Ai Group has raised a "related issue" it contends needs to be resolved as part of the case.

New guidance for employers on complying with disconnect right

Four weeks ahead of employees winning a legislated right to disconnect, public service employers have been told they will need to train HR professionals and managers about the interaction of the new entitlement with general protections laws and consider updating job descriptions to ensure they "accurately reflect" expectations about after-hours contact.

FWC bench to weigh "priority matters" after award review hits wall

A five-member FWC full bench has wound up its "targeted" review of modern awards with a report acknowledging that while a "lack of consensus" meant it could not determine key issues, it will now kickstart consideration of six "priority" matters that include simplifying the retail award, developing a working-from-home term in the clerks award and reviewing fixed-term contract provisions in higher education awards.

Security firm breached "long break" provisions: Court

Wilson Security unlawfully denied a FIFO guard proper breaks within roster cycles and made him work an extra 15 unpaid minutes for "handover" at the start of each shift, a court has held, but a manager who reinforced the requirement was not an accessory.

Parties invited to sharpen tools for assessing work value

Parties involved in the FWC's consideration of gender undervaluation in five care and community sector awards will have a chance to agree on a methodology for assessing work value at a conference next Monday.

Bench sets dates for aged care work-value rises

A five-member FWC full bench has decided work value pay rises of up to 28.5% for aged care workers should be staggered, with many to receive half their increase from January and the second half from next October.

SDA junior rates case in FWC this week

FWC President Adam Hatcher will conduct a directions hearing on Friday to consider an SDA bid to lift award junior rates for under-18 workers and abolish them altogether for those 18 and above, with the union arguing that age should not be a criterion for setting pay.

Dilemma as some awards envisage outside-hours contact: FWC chief

FWC President Adam Hatcher has expressed concern about possible confusion arising from the inclusion in all awards of the new right to disconnect outside of working hours, when some awards "specifically contemplate" out-of-hours contact.

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