The FWC has rejected a proposed enterprise agreement, after finding employees did not genuinely agree to it because their employer only gave them a day's notice of a vote, while the tribunal has also lamented the company's "perplexing and unhelpful" approach to providing compliant documentation.
Key crossbench senators David Pocock and Jacqui Lambie have used a Senate inquiry report today to outline their concerns about the Closing Loopholes legislation, including changes to casual employment, the expansion of union entry rights and setting minimum standards in the gig economy and road transport.
IR Minister Tony Burke is consulting with the Greens and key crossbench senators on including a "right to disconnect" in the Closing Loopholes No 2 legislation once Federal Parliament resumes next week.
Workplace Relations Minister Tony Burke intends to amend the Closing Loopholes No 2 legislation so that "employee-like" workers in the gig economy and in road transport cannot "double-dip" in the federal and state IR systems.
DEWR has sought to allay concerns raised by senators about public "confusion" and "misunderstanding" of proposed changes to the definition of casual employment, telling an inquiry that nothing in the legislation "requires" workers to alter their status.
A senior FWC member has delved into arbitral history to offer his own definition of a 'seven day shiftworker' after expressing frustration that there is no "simple" or "unambiguous" description of the term in the many awards it is employed.
An AI company has been able to rely on contractual terms to repel an adverse action case brought by an experienced former director who failed to persuade the FWC to declare him an employee.
The FWC is seeking feedback by March 12 on the possible incorporation into modern awards of key recommendations of the recent Senate work and care inquiry, including rights to work from home and to disconnect from the workplace.
