A company did not sack a worker for alleged safety breaches and unprofessional behaviour, but rather took unlawful adverse action when it decided to dismiss him because its national HR manager took his queries about pay and flexible work as "badgering" and harassment, a court has ruled.
A senior lawyer says finance sector employers should "urgently review" their employment agreements after a finding that a commission-based advisor is award-covered and that a leading wealth management company cannot use those payments to offset his entitlements.
The AiG is calling for the FWC to reject the ACTU's "misguided and inappropriate" draft "right to disconnect" award clause, and AREEA is recommending the final clause mirror the legislation, rather than expand it.
The ACTU says the "right to disconnect" clause to be inserted into awards should provide "descriptive guidance" on how the entitlement would operate and the FWC should reject employers' proposed "minimalist" approach, ahead of consultations next week and the Commission releasing a draft provision next month.
Employers say they are approving most flexible hours and work from home requests, according to a FWC-commissioned modern awards review survey that suggests the tribunal might explore entrenching a right to fully flexible arrangements for work that can be performed remotely.
In a landmark ruling today on franchisors' IR compliance obligations, the Federal Court has imposed a $1.44 million fine on a coffee chain for its franchisees' underpayments and record-keeping breaches.
The FWC's expert panel has this morning approved a 3.75% increase in all award rates and the national minimum wage, but has rebuffed the ACTU's bid for an immediate additional 4% for workers in highly-feminised industries, instead committing to a timetable to address the issue over the next 12 months.
The FWC is inviting submissions by June 11 on a "right to disconnect" audit of all 155 modern awards focusing on terms involving spans of hours, notice, supervisory duties, and requirements to remain on call, on standby or return to duty.
The Federal Government has made a "technical assumption" that there will be a minimum wage increase of 3.5% this year, the FWC's expert panel heard yesterday, while Commission President Adam Hatcher lamented the "Catch-22" situation the Commission faces in weighing whether Canberra will fund any gender-based increases.
The ANMF is urging the FWC to use "right to disconnect" award variations to make it harder for employers to cut costs by relying on "threadbare" staffing and refusing to roster enough workers on-call, while the NTEU wants casual academics paid to respond to students outside their working hours.
