The Federal Government's long service leave scheme for the black coal industry has won special leave from the High Court to challenge a full Federal Court judgment that it says has significant implications for the LSL eligibility of shotfiring and explosive services workers.
FWC President Adam Hatcher has departed from RTAG advice in scheduling a truck driver's bid to vary the long distance road transport award ahead of hearings from the middle of next year to deal with four key TWU gig food/beverage delivery, last-mile delivery minimum standards and road transport contractual chain cases.
A FWC full bench has overturned a ruling that due to an employee's lack of award coverage, her employer - which conceded that the SCHADS award applied - had no obligation to consult her before making her redundant.
FWC President Adam Hatcher has asked parties to the SCHADS award gender undervaluation case to consider participating in an ASU-proposed conference to resolve outstanding issues, saying that if it proceeds, he will give any consensus deal arising from it "significant weight".
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 ASU will forge ahead with nationwide protests tomorrow despite the Australian Industry Group's accusations that it is engaging in unlawful retaliation and intimidation, ahead of a hearing of the SCHADS award gender undervaluation case on Monday.
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.
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".
