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Delete SJSP clause to pass deal, FWC tells Aldi

The FWC is seeking feedback on proposed undertakings that expunge an Aldi agreement's labour hire clauses, deemed invalid by the SDA because they try to circumvent same-job, same-pay provisions recently introduced into the Fair Work Act.


Westpac wins suppression orders in adverse action case

In a court ruling a major media organisation argues could curtail open justice "in every proceeding", a judge has blocked the release of documents until attempts to reach a mediated settlement in the adverse action case have been exhausted.


Retailer urged to reflect on "subjective" redundancy process

The FWC has urged David Jones to improve its retrenchment processes, while opening the way for a long-serving worker to pursue an unfair dismissal case after the department store deemed her unsuitable for redeployment to an area serving "elevated" clientele.


Warning on commission-only arrangements in finance

A senior lawyer says finance sector employers should "urgently review" their employment agreements after a finding that a commission-based advisor is award-covered and that a leading wealth management company cannot use those payments to offset his entitlements.


Coverage shortfall dashes majority support bid

An ETU bid for a majority support determination covering team leaders at a major power station has fallen at the first hurdle, with the union failing to establish that they are "electricians" or in a role peculiar to the electrical industry.


"Entitled to inquire" about lawyer's conduct: Judge

A judge has rejected suggestions that he "inferred misconduct" on the part of lawyers acting for a construction giant in an adverse action case that has moved on to weighing damages and compensation.


High Court asked to reject "narrow" definition of work

Extending employers' duty of care to the disciplining and sacking of workers would not "frustrate" contractual certainty or disrupt businesses, lawyers for a charity's former consultant have told the High Court.


FAAA's Qantas SJSP bids set for take-off

FWC President Adam Hatcher will conduct a directions hearing next Thursday to tackle two FAAA "same-job, same-pay" claims on behalf of Qantas labour hire cabin crew engaged via Maurice Alexander Management and one of the airline's many subsidiaries.


MEU makes 10 more SJSP applications

The MEU has filed 10 "same-job, same-pay" applications targeting BHP coal mines in Queensland, seeking to lift the pay of about 1700 labour hire workers by between $10,000 and $40,000 a year and stamp out a model that has "spread like a cancer" in the industry.



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