A House of Representatives committee has begun an inquiry into the "operation and adequacy" of the National Employment Standards, after a referral from Workplace Relations Minister Amanda Rishworth.
The FWC has backed an ASX-listed early education provider's decision to reject a worker's request for flexible arrangements to enable her to keep picking up her children from school each day, instead of moving to a less-accommodating rotating roster.
The FWC's approach to assessing flexible work disputes is potentially undermining workers' rights to plan ahead, an academic has warned, after the tribunal held that a Sydney Water employee could not make such a request in the lead-up to his 55th birthday, and found a father ineligible until he finalised his custody arrangement.
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 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".
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.
A leading employment and IR barrister says the four-day working week, working from home and the right to disconnect are part of an unavoidable reorganisation of working hours that is set to become "the big issue of our time".
Employers are seeking work-from-home-related changes to the clerks award to make it easier to spread out working hours without requiring penalty rates, remove minimum engagement restrictions and overhaul meal and rest break provisions.
Drawing on limited legislative guidance and case law on instalment payments, the FWC has ordered an employer to split a $30,000 compensation payment over two months rather than the 12 it sought, finding the worker entitled to the "fruits" of his claim "in a timely manner".
The SDA is challenging what it says is the FWC's failure to immediately terminate a long-expired substandard agreement, arguing that it did not properly consider the unfairness to workers when it allowed the deal to continue to operate for a further three months.
