In a significant decision on the FWC's arbitral powers, a full bench has provided further "clarification" of its ruling in a dispute after an employer "disobeyed" its finding that seven workers should be reclassified at a higher level.
BHP's coal mining and in-house labour hire entities are seeking special leave to challenge the Full Federal Court ruling that upheld same-job, same-pay orders the FWC made for the resources titan's Bowen Basin mines.
An employer that underpaid an IT specialist it treated as a contractor for 14 years should have addressed the "uncertainty" involved, but its misdeeds nevertheless fell at "the lower end of the seriousness spectrum", a court has found in a penalty ruling.
The FWC has ordered a pharmaceutical company back to negotiations with the UWU for a first enterprise agreement to cover operational employees in non-managerial roles at its Brisbane manufacturing facility, after finding it breached good faith bargaining by offering employees inducements to vote against enterprise talks.
A full Federal Court has today upheld a landmark FWC full bench decision granting same-job, same-pay orders once heralded as a "nail in the coffin" for BHP's in-house labour hire model.
Unions' pursuit of a 24%-over-three-years pay rise for Endeavour Energy workers has fallen short after a FWC full bench instead made an intractable bargaining determination delivering 17.8% over four years, rejecting numerous claims the employer did not bargain in good faith.
In a significant ruling on stand downs, a full bench has upheld a challenge to a hospital's refusal to pay a nurse who declined redeployment to another ward due to a work ban, but found on redetermination that the employer was otherwise entitled to withhold payment.
The TWU has filed draft orders seeking a minimum hourly rate of up to $60 an hour for "last mile" gig delivery workers and contractors, but a potential consent position it has reached with some Road Transport Advisory Group members would set a lower floor.
The UWU says it has won pay rises of up to $30,000 a year for nearly 700 on-hire warehouse workers through five same-job, same-pay applications tellingly unresisted by employers, while the SDA is now embedding SJSP clauses in its supply chain agreements.
On-hire workers at a Queensland coal mine who late last year won same-job, same-pay orders did not qualify for any portion of an annual bonus paid to the host's employees, the FWC has held, while separately finding the mine must pay the full incentive to its part-time direct employees, and those on unpaid leave or workers compensation.
