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.
FWC GM Murray Furlong has applied to the Federal Court today to have four CFMEU construction and general division branches put into administration, while he has left the door open for two more to go the same way.
A new protected ballot agent seed-funded by the ACTU has won FWC approval, after establishing that it has taken steps to separate itself from the union peak body, which is seeking to give unions a fair and low-cost alternative to existing providers.
A FWC member has rejected claims that she "badgered" a worker seeking anti-bullying orders after establishing that, contrary to his version of events, he would not be required to provide supporting documents until he "pressed the button" on arbitration.
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.
The FWC has extended time for a worker's unfair dismissal claim by 24 days because his employer, which "flouted its legal employment obligations and ignored the FWO", withheld his payslips and employment contract, preventing him from identifying the entity that employed him.
A FWC full bench has won support from unions and employers for suggested variations to casual employment clauses in awards to avoid friction with Closing Loopholes changes that take effect next month, although the Ai Group has raised a "related issue" it contends needs to be resolved as part of the case.
The FWC has granted a worker a one day extension for his unfair dismissal claim due to the merits of his case, after he alleged his employer summarily dismissed him for a positive drug test taken during a period of annual leave, when its zero tolerance policy would not apply.
The FWC will apply greater scrutiny to agreements made with the CFMEU's construction and general division, in the wake of allegations about the union's conduct.
The CFMEU construction and general division's national office has appointed high-profile silk Geoffrey Watson to investigate allegations of criminal wrongdoing in some branches.
