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.
A full Federal Court has confirmed that class actions cannot start until members are correctly identified but can "transmogrify", after Adero Law conceded the definition contained in a store managers' claim against The Reject Shop left the group "empty".
The High Court has today refused BHP's bid to overturn a full Federal Court ruling that upheld same-job, same-pay orders against its OS in-house labour hire subsidiaries.
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.
A senior RBA employee appealing a failed backpay claim has also now had his bid for suppression of significant details of the FWC's decision rejected by a presidential member who observed that such applications should not be used to "qualify or recast" the tribunal's reasoning.
Employers have described today's FWC decision to abolish junior rates for 18 to 20-year-olds as "disappointing" and a "financial blow", as the tribunal conceded the likelihood of a negative effect on employment of workers as businesses adjust to increased labour costs.
The scope of "same-job, same-pay" orders should replicate the host deal's, according to an employment and IR barrister who is urging the Albanese Government to plug a "leaking bucket", following a full court finding that the FWC should have confined its orders to a more limited cohort of on-hire workers at a Hunter Valley coal mine.
FWC-ordered minimum wage increases play a "critical role" in "reducing entrenched, intersectional wage inequality" for Aboriginal workers, who are more likely to be award-reliant, the Centre for Indigenous People and Work says in what is likely the first annual wage review submission to focus solely on First Nations workers.
