The implications of today's High Court decisions affirming the primacy of contractual terms in determining employment relationships are "extremely concerning, perhaps even frightening" for those concerned about the integrity of the IR system, an academic says.
The High Court has affirmed the primacy of contractual terms in determining employment relationships, finding a construction worker was an employee of a labour hire company and that two truck drivers were independent contractors despite decades of exclusive service to a solitary business.
The FWC has thrown out a lawyer's general protections claim against the Victoria Building Authority, finding it did not force her to leave by demoting her but rather that she resigned after making a "rational decision" to accept more secure employment.
A court has today imposed fines of 90% of the maximum on the "rogue" construction union and 80% on its Queensland leader for failing to provide 24 hours notice before officials entered a construction site for bargaining discussions with workers, after the head contractor insisted they be held off-site.
The NSW IRC has rejected a nurse's bid for a flexible working arrangement under the State public sector's "if not, why not" regime to enable her to meet her caring responsibilities.
Global fast food chain Nando's has told the FWC that it risked being left with a "confusing and cumbersome" pay structure for almost 2000 employees unless it succeeded in terminating a near-14-year-old deal with an "outdated" approach to penalty rates.
Employers have succeeded in winning a short delay to the introduction of a minimum wage guarantee in the horticulture award after a FWC bench accepted they needed time to revise their payroll systems and recruitment practices.
