Prime Minister Malcolm Turnbull wants the Fair Work Commission to phase-in the planned cuts to some Sunday penalty rates over a period of years, to ensure that workers' take-home pay is protected, while the tribunal has timetabled the next stage of the penalties case.
The FWC has reduced Sunday penalty rates in the hospitality, retail, fast food and pharmacy sectors and pared-back public holiday penalties in five awards, in a landmark ruling today by a five-member full bench.
The Federal Court has shed new light on the distinction between "recall to duty" and "overtime", which has become an increasingly vexed issue with the shift to workers performing more duties outside normal hours and their workplace.
Opposition Leader Bill Shorten has flagged that Labor will seek to protect workers' take-home pay if the Fair Work Commission decides to reduce weekend penalty rates in its award review ruling.
The FWO has used accessorial liability provisions to secure substantial penalties across the chain of command of a frozen yoghurt franchise responsible for underpaying four overseas workers.
A court has cleared the way for an employee to pursue claims for $29,000 in allegedly unpaid overtime and lunch breaks after finding her employment contract failed to specify the provisions of the clerks award that would be bought out in her annualised salary.
