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Initial hearing next month for crucial WFH award case

FWC president Adam Hatcher will convene a directions hearing next month into the Commission's own-initiative case to develop a "workable" award clause that removes impediments to working from home.

Disconnect laws "subject to enormous testing", employers warn

Employers and unions have confirmed the gulf that exists over 'right to disconnect' laws that come into force today, the former lamenting a lack of FWC guidance on "reasonable" contact and forecasting "conflict and disharmony", while the latter hailed the new provisions as "reclaiming the right to knock off".

No agreement on methodology for assessing work value

A FWC panel has declined to offer its own methodology for assessing gender-based undervaluation of work after employers and unions involved in its consideration of five female-dominated awards failed to agree on engaging an independent expert to do the job.

FWC to consider changing SCHADS award sleepover allowance

The FWC will hear an employer application to vary the SCHADS award's sleepover allowance alongside a group of unions, but will exclude parts of the unions' draft determination that "go beyond the scope" of the original application.

Bench orders delegates' term to reflect award term

A FWC full bench has chosen to include in an intractable bargaining workplace determination a delegates' rights provision that closely reflects the model award term, rather than the more extensive clause sought by the TWU.

$15 million fine for deliberately fleecing migrant workers

The Federal Court has imposed a record penalty on a sushi restaurant chain to "disabuse" employers of the notion that penalties for underpayments are "an acceptable cost of doing business" and recommended that the Fair Work Ombudsman refer its chief executive's potential flouting of tax and migration laws to the ATO, Department of Home Affairs and ASIC.

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.

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