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.
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.
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.
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.
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.
The FWO has applied to suspend an entry permit issued to a CFMEU construction and general division WA branch official who faces four serious criminal charges.
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.
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.
In a significant decision on paid parental leave, a FWC presidential member has ordered a State-owned public transport provider to backpay a bus driver who claimed to be the primary carer of his newborn son while his wife recovered from an emergency caesarean section.
In a judgment that casts a harsh light on agreement drafting, a Federal Court majority has described crucial elements of a multinational paint company's since superseded deals as a "jumble of random terms", before quashing a finding that six misclassified warehouse workers had been underpaid.