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Relief for employers as ATO clarifies position on backpay

Employers that had been facing a "very large liability" to backpay superannuation on leave loading and an "onerous" calculation of past entitlements have been buoyed by an ATO decision not to scrutinise past loadings if they act quickly to obtain evidence linking it to a loss of opportunity to work overtime.


Hiatus for Chemist Warehouse agreement ballot

The FWC has made a bargaining order requiring Chemist Warehouse to delay a vote on a proposed enterprise agreement, as an indefinite strike continues at key warehouses in Victoria and Queensland.


Workpac counter-punches against casuals class action

Workpac has foreshadowed a potential counterclaim of up to $62,000 against the lead litigant in a major casual employment class action if he succeeds in establishing that it wrongly classified him and wins unpaid leave entitlements.


FWC to set "living wage" under Labor plan

The Federal Opposition will announce today that if it takes power at this year's election, it will enable the FWC to determine what constitutes a "living wage" and to set a "fair and responsible" phasing-in period.


Employer pays for "sham" job proposal

A small employer must pay almost $15,000 to a former part-time worker it sacked for rejecting an "inflexible" full-time job proposal the FWC concluded had been designed to "get rid" of her.


ETU looking to supercharge casual leave test cases

The ETU is anticipating multiple backpay claims on behalf of thousands of labour hire and FIFO workers at resource, electrical supply and construction companies across Australia as part of a new campaign seeking to challenge their classification as casuals.


Workers' "voice" unfairly silenced: FWC

A labourer accused of undermining workplace morale has successfully challenged his dismissal following a confrontation in which the employer's managing director "eyeballed" him and said he was "finished".




Clubs fail in bid to can award, cut penalty rates

An FWC full bench has rejected Clubs Australia's bid to cut penalty rates for more than 100,000 workers by revoking the industry award and folding it into the hospitality award, describing the attempt as inflicting "economic harm" without any countervailing benefits.


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