A FWC member has revealed the untold story of what happened to the vast majority of the almost 300 disputes over flexible work requests the tribunal received in the last financial year, after only a handful went to arbitration, while she also spelt out her proven template for resolution.
The implications of the Federal Court's retail underpayments decision are only starting to be understood, with employment law academic Andrew Stewart warning of the significent consequences of its redefinition of employer record-keeping obligations and findings on proving workers' agreement to vary award conditions.
The Federal Court has approved a $174 million Victorian Government payout to settle 30 class actions on behalf of junior doctors, of which ASMOF will be reimbursed $175,000, following a finding that a health service "expressly and brazenly" instructed trainees to perform unpaid overtime.
The FSU says employers are now on notice that they must have genuine business grounds for refusing flexible work arrangements, after the FWC made orders to enable a Westpac employee to work from home to care for her children, finding "no question" her role can be "performed completely remotely".
Almost a year after orders became available under Labor's landmark same-job, same-pay laws, a review of progress by Workplace Express indicates there have been about 50 decisions, with the MEU, UWU, AMIEU and SDA accounting for more than 70% of them.
The Albanese Government has this morning introduced legislation to ensure that, unless expressly agreed otherwise, workers will not lose out on employer-funded paid parental leave if their child is stillborn or dies soon after birth.
A FWC full bench has rejected an employer's challenge to a finding that it must grant an employee's flexible work request, upholding a decision that reaffirms the precedence of NES provisions even when inconsistent with the terms of an enterprise agreement.
The FWC has today ruled a paramedic ineligible for primary carers' parental leave to tend to for his six-month old baby, because the enterprise agreement covering him only enables carers of newborns to access the entitlement.
With the FWC seeking feedback by early next month on whether to hold off on reviewing its insertion of right to disconnect terms into awards, a leading employment and IR barrister and former critic of the legislation says the lack of test cases is "remarkable".
A worker failed to provide evidence that demonstrated that she sought a compressed work week to care for her partner and grandson, and that those needs related to her age, the FWC has found, ruling her flexible work arrangement request invalid.
