Burger chain Grill'd is making its second attempt to win approval of a national agreement, while the SDA's application to terminate the nominally expired deal depriving workers of award entitlements remains unresolved.
The Senate inquiry into the Albanese Government's Protecting Penalty and Overtime Rates legislation is seeking submissions this week, ahead of a hearing next week.
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.
Labor maintains that its legislation to protect penalty and overtime rates, to be introduced to Parliament tomorrow, will block changes to awards that might make a single worker worse off.
In a judgment that will ripple through a FWC case considering the way homecare, disability and social workers are paid for shifts immediately before or after sleepovers, the Federal Court has rejected FWO arguments that penalty rates should apply.
The SDA has shot back at the ARA's claim that the FWC would be "abdicating" its duty if it delays a bid to reform penalty rates in the retail award ahead of mooted legislation, citing the Fair Work Act's commitment to upholding a stable system as reason to defer the matter.
Shelving a major retail award conditions buy-out bid while the Albanese Government pursues penalty rate reforms would be a dereliction of duty, the Australian Retailers Association has told the FWC.
A full Federal Court has cast doubt over a $40 million underpayments case after ruling that a FWC presidential member and a bench led by president Adam Hatcher failed to properly consider an employer's arguments about the improbability of penalty rates not already being wrapped up in loaded rates paid under two agreements.
Workplace Relations Minister Amanda Rishworth's plan to legislate "as soon as possible" to protect award-enshrined penalty rates has prompted the FWC to seek submissions on whether to shelve a major employer bid to insert a conditions buy-out clause in the retail award for workers on as little as $53,680 a year.
The SDA is challenging what it says is the FWC's failure to immediately terminate a long-expired substandard agreement, arguing that it did not properly consider the unfairness to workers when it allowed the deal to continue to operate for a further three months.
