A retrenched educator who rejected an alternative role because she wanted to keep working from home at least a day a week has lost her severance entitlements, after the FWC found she did not have a formal right to maintain her flexible arrangements.
In a significant decision the ETU describes as "deeply troubling", the Federal Court has found full-time agreement-covered FIFO electricians working on a Fortescue mine project do not accrue paid leave during their monthly "rest and recreation" off-swing.
A tribunal has found for a second time in less than four weeks that a local government body unlawfully deducted relocation costs from an employee's pay packet.
The FWC has held that it has no power under the Fair Work Act's flexible work dispute provisions to deal with a National Australia Bank worker's challenge to the cancellation of her WFH flexibility arrangement after she allegedly failed to comply with its terms.
The Ai Group has hinted at a potential "consensus" in a FWC-initiated case with economy-wide implications to consider inserting WFH provisions in the clerks award, while expressing concern that it would be "unfair" to require submissions ahead of results of a survey on the issue, with the tribunal now persuaded to ditch the deadline and hold a conference.
The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.
The FWC has overruled an employer's resistance to a working parent's request to work an extra day a fortnight at home to care for his toddler daughter until she reaches two years of age, while rejecting its claims that it would set a precedent for the remainder of its workforce.
The FWC has become overly focussed on verifying workers' eligibility for flexible work requests by imposing onerous evidentiary requirements on them, which has limited the effectiveness of its new dispute power, a researcher has told the review panel in her response to its Secure Jobs, Better Pay draft report.
The TWU has filed the last of its promised applications aimed at overhauling standards in the road transport industry, asking the FWC to make a contractual chain order imposing 30-day payment deadlines and compulsory rate reviews, while prohibiting unfair "set-off" terms.
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.
