The Fair Work Ombudsman is taking a labour hire company to court for unlawfully deducting $500 fines from migrant workers' pay when they breached its drug and alcohol policy.
The FWC has found that a worker failed to establish an "objective rational connection" between her age and her flexible working request, after she resisted ANZ's hybrid working policy and asked to work 100% from home because of her fear of catching COVID-19.
The Federal Court has imposed a record penalty on a sushi restaurant chain to "disabuse" employers of the notion that penalties for underpayments are "an acceptable cost of doing business" and recommended that the Fair Work Ombudsman refer its chief executive's potential flouting of tax and migration laws to the ATO, Department of Home Affairs and ASIC.
The ACTU is recommending the FWC include more "practical detail" in its draft "right to disconnect" award term, to "spell out" what the Commission will consider when it determines whether or not a refusal is unreasonable and is also proposing a review in 12 months.
The proposed "right to disconnect" modern award clause is "mostly suitable", but should clarify that the entitlement is a "workplace right" within the meaning of the Fair Work Act's general protections provisions and specify the dispute resolution procedure to follow, an employment and contract law academic says.
Four weeks ahead of employees winning a legislated right to disconnect, public service employers have been told they will need to train HR professionals and managers about the interaction of the new entitlement with general protections laws and consider updating job descriptions to ensure they "accurately reflect" expectations about after-hours contact.
The FAAA has extended the tentacles of its SJSP test case against Qantas labour suppliers, bringing an application against a third labour hire company, while the parallel test case against BHP Coal has been pushed back after unions sought extra time for their submissions.
The FWC has warned employers against giving "generic and blanket HR answers" when they provide their "reasonable business grounds" for knocking back flexibility requests, before ultimately rejecting a bid from a worker with challenging caring responsibilities to continue working entirely from home.
The MEU has filed 10 "same-job, same-pay" applications targeting BHP coal mines in Queensland, seeking to lift the pay of about 1700 labour hire workers by between $10,000 and $40,000 a year and stamp out a model that has "spread like a cancer" in the industry.
In a landmark ruling today on franchisors' IR compliance obligations, the Federal Court has imposed a $1.44 million fine on a coffee chain for its franchisees' underpayments and record-keeping breaches.
