The standard absorption clause will no longer form a part of modern awards, with a five-member full bench ruling that it has served its purpose as a transitional tool.
Early childhood service providers might face higher wages bills after the Fair Work Commission ruled that their administrative workers can be covered by the modern award for private sector clerks.
A full bench of the federal court has confirmed that terms in modern awards that provide allowances for hardships experienced by employees working in certain remote locations are not extinguished by the Fair Work Act.
The Federal Circuit Court has awarded a long-distance bus driver $13,000 after rejecting his employer's argument that he was employed to work shifts rather than calendar days and therefore not entitled to a living away from home allowance.
The Federal Court has relied on a 25-year "common understanding" in the transport industry in preference to the literal wording of an award in rejecting a TWU claim for Linfox day workers to be paid crib time.
The SDA has successfully appealed against fast food and hair & beauty industry employers having greater flexibility in compensating employees for working on public holidays.
