The Fair Work Ombudsman increased its use of compliance notices by 113% in 2020-21, as it sought to quickly rectify underpayments instead of taking action in the courts, while it has nevertheless ramped up its legal action by more than 40% and set up a dedicated branch to pursue corporate misconduct.
Two of Australia's largest employers, retailers Woolworths and Coles, have today announced mandatory vaccination policies that will be rolled out in coming months.
The CFMMEU's mining and energy division has asked the FWC to halt the rollout of BHP's mandatory COVID-19 vaccination policy at the Mt Arthur open cut coal mine in the Hunter Valley, claiming it is not a lawful and reasonable direction.
The FWC's minimum wage panel has revealed that it is developing a consumer price index for low paid households and a budget of discretionary items required to participate in society, while one of its members says the pandemic will make that already difficult task even more complex.
A Supreme Court judge has slapped down a FWC presidential member's "clarion call" for Australians to "vigorously" reject the notion of mandatory COVID-19 jabs, questioning her assertions about the efficacy of vaccines and declaring it is not her role to challenge the validity or appropriateness of public health orders.
The NSW Supreme Court has backed the State government's use of Public Health Orders to make COVID-19 vaccinations mandatory for certain categories of workers, dismissing arguments that the directions compromised objectors' "right" to choose what they put in their bodies.
Employers are generally on "solid ground" in suspending or dismissing workers who refuse reasonable directions to be vaccinated to perform their jobs, but face a range of practical difficulties if they take such action, according to Adelaide University Professor of Law, Andrew Stewart.
The Public Service Association of NSW has lodged a dispute with the State IRC after the Perrottet Government announced a scheme under which 4500 public sector employees based in the regions will be offered five day's special paid leave if they sign up to help farmers bring in an expected record harvest.
A Filipino worker who relied on her husband to lodge a general protections claim has won more time to file after the FWC accepted his second Pfizer vaccination put him out of action for two days, while the tribunal has granted an extension in another case due to a lawyer's miscounting.
The Fair Work Act's stand down provisions enabled employers to shift the pandemic's economic risks to employees, according to new analysis by IR law experts Anthony Forsyth and Andrew Stewart, who also say legal uncertainty about the provisions could imperil the stand down strategies used by companies such as Qantas as business gradually resumes.
