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.
The SDA has entered into a heads of agreement with the Adelaide-based operator of 20 regional Foodland and IGA supermarkets to potentially settle a class action it values at $4 million on behalf of hundreds of workers.
The Ai Group has accused Labor of disregarding its re-empowered IR umpire by taking out of its hands decisions to remove or reduce award penalty rates.
A FWC presidential member has clarified the Commission's "global" approach to the BOOT and warned that agreements that pay only slightly above-award will attract greater scrutiny, in rejecting a West Australian coffee chain's proposed agreement.
The 25% exemption rate the Ai Group has proposed for an estimated one million workers covered by the clerical award "does not adequately compensate" for the loss of penalty rates and overtime, according to ASU national secretary Emeline Gaske.
Ahead of a 10-day full bench hearing of a bid to significantly shake-up the retail award, the ACTU has hit out at employers backing measures to "buy-out" core conditions for workers on as little as $53,680 a year, ditch "smokos" and introduce split shifts.
