State Labor governments intervening in a High Court constitutional challenge to Victoria's wage theft laws are arguing there is no inconsistency with the Fair Work Act that could void a criminal prosecution, in a case coinciding with the Albanese Government's plan to introduce federal sanctions of up to 10 years in prison and maximum fines of $8 million.
The Federal Court has today ordered the TWU's leader and Qantas chief executive Vanessa Hudson to attend mediation before former Chief Justice James Allsop over the compensation of about 1700 former ground crew, following the High Court's finding last week that the airline engaged in unlawful adverse action against them.
The FWC has held that a $1200 professional association membership is a not a non-monetary benefit that counts towards the high-income threshold for unfair dismissal claims.
Adelaide University Professor of Law Andrew Stewart says he expects the Closing Loopholes Bill to be substantially amended before it is passed into law, to narrow some provisions and add others, giving employers time to "start thinking about the implications" and prepare for "big and important changes".
IR academic Chris F Wright has urged the Senate inquiry into the Closing Loopholes Bill to "recommend support" for the legislation, which he says is needed to update a regulatory framework that has "not adapted to fundamental changes in the labour market".
Legal limits on the scope of bargaining mean that safety laws might provide a better avenue to address workplace climate change impacts than using enterprise agreements, according to an IR law academic.
A union involved in more than 20% of the FWC's s448A compulsory conciliation conferences since they started in June says they come with a significant "risk versus reward overlay" that threatens to derail protected action and an "urgent fix" is required.
The FWC's national practice leader for bargaining says "almost all" members are issuing directions in addition to attendance orders ahead of compulsory post-PABO conciliations and appear to be regularly making recommendations during the conferences.
A court has ordered a worker to pay indemnity costs for her former employer's defence of a general protections claim, after she ignored legal advice and refused six settlement offers reaching up to $40,000, because she considered them "hush money".
