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.
In its latest clean-up of superannuation in awards, the FWC has observed that after more than a decade it still does not have the required members to constitute an expert panel to keep tabs on default funds terms.
The FWC is inviting quick submissions in its crucial work from home test case ahead of a directions hearing pushed back to September 5, after providing data underpinning WFH research criticised by the Australian Industry Group, while Victoria is consulting on WFH legislation to be introduced next year.
Employers are seeking work-from-home-related changes to the clerks award to make it easier to spread out working hours without requiring penalty rates, remove minimum engagement restrictions and overhaul meal and rest break provisions.
