Before the first Right to Disconnect dispute hearing, scheduled for this morning, Pacific National resolved the matter in a private conference, leaving the Fair Work Act's RtD provisions untested after 20 months in operation.
The FWC has dismissed claims that an employer undermined good faith bargaining obligations by suspending and then proposing to sack a union delegate who grabbed the shirt of a child patron at a sports centre.
The FWC has found a private health care provider should re-start consultations about removing a "legacy" condition of paid meal breaks for its longest-serving nurses, after it told them the apparently undocumented benefit is no longer "an option".
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 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.
The RBA had no obligation to pay a senior employee during a seven-month period when he claimed to be "ready and willing" to work as long as it did not involve consecutive days, "high stress" assignments or meeting with HR, the FWC has found.
The FWC has rejected the unfair dismissal claim of a Workpac on-hire trades assistant shunted from a BHP Coal mine while on approved leave, finding it a redundancy regardless of whether the host engaged someone else in the role.
A public servant who claimed he should have received six weeks carer's leave to escort his frail father back to India for a specialist's appointment and physiotherapy has failed to convince a senior FWC member, who found no evidence to suggest he could not have been treated locally.
The FWC has upbraided an early learning facility for seeking to override a part-time employee's right to predictable hours that the employer found "commercially or operationally inconvenient".
A senior FWC member has backed a university's approach to consultations ahead of planned job cuts, while observing its unsustainable financial position makes redundancies "inevitable".
