The Federal Court has restrained the FWC from hearing an employer's challenge to an unfavourable interpretation of a LSL clause that is replicated in about 17 offshore agreements.
The Federal Government's black coal mining LSL body has lodged a High Court appeal to a full Federal Court judgment with significant implications for the eligibility of shotfiring and explosive services workers, while the CFMEU is celebrating the removal of "loopholes and cruel anomalies" in WA's construction industry portable LSL scheme.
The High Court has refused leave to appeal a finding that an international IT company must pay long service leave to an employee who worked the bulk of his 10-year tenure in India, a few years in Victoria, but qualified under Queensland's more flexible LSL laws as he transferred in time to serve out part of his post-resignation notice period.
A FWC presidential member has declined to grant an employer's request to delay consideration of its appeal against an unfavourable long service leave ruling while it awaits the result of a related Federal Court case, taking a dim view of its attempt to move forums "midstream".
As plans for a national portable entitlements scheme remain in limbo, the NT's Finocchiaro Government has repealed legislation that would have extended portable long service leave to the community services sector, arguing that it would result in increased fees for parents using childcare and would be too costly for the Government.
The FWC has ruled that Coles unlawfully calculated long service leave payments based on a seven-day rather than five-day week, while acknowledging there is "room for debate" on the meaning of an "ordinary working day", particularly for workers with variable rosters.
A full Federal Court majority has found that Orica is not obliged to make contributions to the black coal mining sector's portable long service leave scheme for its shotfirers, while Justice Adam Hatcher has demurred.
A Melbourne stockbroking firm and its founder have been hit with compensation orders and penalties totalling more than $600,000, a Federal Court judge also directing them to cover the legal costs of two former advisors forced to defend "fanciful" claims their departure "destroyed" the business.
Thousands of businesses outside the building sector might be liable for millions of dollars in long service entitlements after a court finding that certain EnergyAustralia and Detector Inspector workers are captured by Victoria's portable LSL scheme, warns scheme authority LeavePlus.
