DEWR is consulting on potential changes to the Fair Entitlements Guarantee, after finding an increasing number of companies are deliberately using the scheme, designed as a "last resort", to avoid their obligations.
A major construction company has avoided having to compensate a worker despite failing to properly consult with him over his redundancy, after the FWC found on balance that such "deficiencies" ultimately did not make the dismissal unfair.
In rare flexibility orders won by an ANMF organiser who moved 500km from the office after experiencing domestic violence, the FWC has temporarily blocked the union from requiring her to work more than three nights per fortnight away from home and directed it to count travel time as work time between certain hours for the first half of the school year.
Low uptake of family and domestic violence leave might be explained by a number of "significant, complex" barriers that employers can address, including a lack of manager training on how to help workers to access the entitlement, a new study has found.
The FWC has backed a school's refusal to let a coordinator perform her executive role part-time for the first two terms when she returns from parental leave, supporting its offer of a lower-paying teacher position and noting it is not simply "serving customers who are buying widgets".
Ahead of a 10-day full bench hearing of a bid to significantly shake-up the retail award, the ACTU has hit out at employers backing measures to "buy-out" core conditions for workers on as little as $53,680 a year, ditch "smokos" and introduce split shifts.
Workers have no right to disconnect from FWC proceedings and the Commission can order them to attend or give evidence outside of work hours, a presidential member has confirmed.
The FWO has further tightened the screws on franchisors after the Federal Court agreed that it fell to Bakers Delight to disprove that it is liable for half of a liquidated franchisee's alleged underpayments of more than $1.2 million.
After a 17-day strike and continued picketing on Saturday despite FWC orders, workers at four Woolworths warehouses have voted up a revised offer, with pay rises of 10.5% to 12% over three years, and safeguards to ensure the company does not use a work-speed measurement tool to automatically discipline workers.
The FWC has refused to approve a Subway franchisee's proposed deal designed to replace a zombie agreement, finding it not genuinely agreed because the employer failed to adequately explain which allowances would be absorbed into the rate of pay, and that penalty and minimum rates would freeze for the life of the agreement.
