The FWC might hear the landmark working from home case in early December, after FWC President Adam Hatcher today acceded to an AIG request for a short delay to provide time for submissions on jurisdictional issues unions have raised, related to the National Employment Standards and the recently-passed penalty rates protection legislation.
Ahead of a 17-day full bench hearing of the shop union's junior rates case from October 20, the FWC has published summaries of the "substantial" evidence, which show that the AiG is arguing that lower rates create an incentive to employ young people, and RAFFWU characterising junior wages as a form of "child labour exploitation".
Dental therapists and assistants covered by an Aboriginal and Torres Strait Islander health workers award would have FWC-proposed pay increases of up to 35% phased in over three years from January 1, under a consent position reached between employers and unions in a major gender-based undervaluation case.
With the FWC seeking feedback by early next month on whether to hold off on reviewing its insertion of right to disconnect terms into awards, a leading employment and IR barrister and former critic of the legislation says the lack of test cases is "remarkable".
After the FWC sought feedback about how it should proceed with retail award variation applications following the passage of Albanese Government legislation that circumvented a key element of one of the cases, the tribunal has acceded to a bid by retailers to also consider submissions on the effect of the recent Federal Court ruling on underpayments by Coles and Woolworths.
A FWC full bench is seeking submissions on any additional issues its review of award part-time provisions should consider, and will then consult on proposed research, while the tribunal has also begun a review of redundancy provisions in selected awards.
A model working from home clause in a key award should avoid contributing to remote workers working "long and unsociable hours", address employer provision of equipment and apply to all employees, according to a Centre for Future Work report.
Almost a year since the FWC inserted right to disconnect terms in awards and on the eve of the entitlement extending to small businesses, the FWC is indicating that the lack of any significant case law since its inception suggests it should delay a promised 12-month review and development of guidelines.
FWC President Adam Hatcher has conceded the tribunal can juggle only so many balls, placing on ice its scrutiny of potential gender bias in awards' overtime provisions after the publication of an internal research paper.