The FWC might hear the landmark working from home case in early December, after FWC President Adam Hatcher today acceded to an AIG request for a short delay to provide time for submissions on jurisdictional issues unions have raised, related to the National Employment Standards and the recently-passed penalty rates protection legislation.
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.
The ASU is urging the FWC to scrap proposed changes to the SCHADS Award that it says could result in 73% of covered workers losing pay, and begin a new review with a broader remit.
After the FWC sought feedback about how it should proceed with retail award variation applications following the passage of Albanese Government legislation that circumvented a key element of one of the cases, the tribunal has acceded to a bid by retailers to also consider submissions on the effect of the recent Federal Court ruling on underpayments by Coles and Woolworths.
Woolworths claims Friday's Federal Court underpayments ruling will cost it an extra $470 million before tax and "will require significant and widespread changes to accepted retail practice".
A model working from home clause in a key award should avoid contributing to remote workers working "long and unsociable hours", address employer provision of equipment and apply to all employees, according to a Centre for Future Work report.
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.
FWC President Adam Hatcher has conceded the tribunal can juggle only so many balls, placing on ice its scrutiny of potential gender bias in awards' overtime provisions after the publication of an internal research paper.