Academics say Menulog's abandoned bid for an on-demand delivery services award holds the clues to tensions and challenges likely to confront those attempting to establish the rules of the game for employee-like workers more broadly.
Just 6% of clerical workers who seek WFH arrangements are knocked back by their employer, according to a new Swinburne University study commissioned by the FWC as part of the work from home test case.
The FWC has set aside 17 days from October 20 and November 25 for a full bench to hear a major SDA challenge to junior rates in the retail, fast food and pharmacy awards, while Workplace Relations Minister Amanda Rishworth has responded to a call to weigh in.
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.
The Ai Group has hinted at a potential "consensus" in a FWC-initiated case with economy-wide implications to consider inserting WFH provisions in the clerks award, while expressing concern that it would be "unfair" to require submissions ahead of results of a survey on the issue, with the tribunal now persuaded to ditch the deadline and hold a conference.
The Australian Industry Group has expressed dismay at the "skewed" drafting of a FWC survey aiming to gather information on how the clerical award currently impedes or enables working from home.
The ACTU has told a review of the SJBP Act that employers should be compelled to accommodate flexible work requests - such as working from home - unless it causes "unjustifiable hardship", while unions should not have to demonstrate majority employee support for contested single-interest bargaining authorisations.
A parliamentary inquiry has recommended the Albanese Government consider amending the Fair Work Act's right to request flexible work to ensure menopausal women can access it, while it also wants reproductive leave added to the NES and awards.
FWC president Adam Hatcher will convene a directions hearing next month into the Commission's own-initiative case to develop a "workable" award clause that removes impediments to working from home.
Four weeks ahead of employees winning a legislated right to disconnect, public service employers have been told they will need to train HR professionals and managers about the interaction of the new entitlement with general protections laws and consider updating job descriptions to ensure they "accurately reflect" expectations about after-hours contact.
