An airline has succeeded in having a former manager's redundancy pay cut to zero after the FWC found his insistence on amending an intellectual property clause in his contract did not alter the fact that it offered him "objectively acceptable" alternative employment.
A Federal Court majority has quashed a finding that the Black Coal Award requires BHP's Operations Services in-house labour hire arm to give its workforce two common public holidays off each year, and to cap shifts at 10 hours unless most employees agree to additional hours at overtime rates.
A court has upheld a finding that an energy company must pay portable long service leave charges for its maintenance employees at a Victorian power plant, because they are performing work in the "construction industry".
The FWC has backed a mining company's denial of a worker's request for flexible work to enable her to care for her baby, in a decision finding fairness a "neutral consideration" where both parties have acted reasonably.
Before the first Right to Disconnect dispute hearing, scheduled for this morning, Pacific National resolved the matter in a private conference, leaving the Fair Work Act's RtD provisions untested after 20 months in operation.
The FWC has found a private health care provider should re-start consultations about removing a "legacy" condition of paid meal breaks for its longest-serving nurses, after it told them the apparently undocumented benefit is no longer "an option".
The RTBU will argue in the first right to disconnect dispute hearing that an on-call allowance fails to adequately compensate a worker and the FWC should find reasonable his refusal to answer or make calls on his days off.
Adero Law says a class action accusing Kmart of failing to pay salaried managers for actual hours worked, including while at home, will test whether it has "adopted in practice" lessons drawn from underpayments cases targeting Coles and Woolworths.
