Browsing: Compliance

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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.


Four CFMEU branches under silk's control, two more possible

FWC GM Murray Furlong has applied to the Federal Court today to have four CFMEU construction and general division branches put into administration, while he has left the door open for two more to go the same way.


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.


Struggle to obtain law-flouting employer's ABN excuses delay

The FWC has extended time for a worker's unfair dismissal claim by 24 days because his employer, which "flouted its legal employment obligations and ignored the FWO", withheld his payslips and employment contract, preventing him from identifying the entity that employed him.


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.


FWC sin-bins CFMEU agreements

The FWC will apply greater scrutiny to agreements made with the CFMEU's construction and general division, in the wake of allegations about the union's conduct.



Employer not required to produce investigation report

In a case that weighs up employer rights when conducting investigations under commonly-used agreement provisions, a FWC full bench has rejected a worker's request for an investigation report that details his alleged misconduct, but has suggested the employer re-open its probe because it denied him natural justice.


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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