A FWC full bench has confirmed it cannot accept undertakings to cure zombie deals' BOOT-related deficiencies when considering whether to extend their life, while also refusing to take on board undertakings the tribunal recently endorsed when it transferred a 2006 Work Choices agreement.
The FWC has rejected the HSU's bid to extend a zombie deal for two years, backing the ASU's position in finding it failed the BOOT, and granting only a four month reprieve to negotiate a new agreement.
In a significant decision on directors' liability for underpayments, a court has found that although the co-founder of Chatime was unaware the bubble-tea chain was in breach of workplace laws, he understood enough about award obligations around casual and weekend penalty rates to be considered complicit.
Woolworths has failed in its bid to vary the Retail Award to "clarify" that the instrument covers its burgeoning online fulfilment operations, avoiding potentially significant knock-on effects for the e-commerce, road transport and distribution industries.
The FWC has killed off a zombie deal at the request of a leading men's fashion brand that transferred its retail workforce to the higher-paying award in 2019 in the mistaken belief the agreement stopped applying on its nominal expiry.
A FWO bid to piggyback a compliance notice breach case with underpayment orders has been upended by a court, which observed that merging the two pathways would "undermine" the Fair Work Act's integrity.
A court has limited to about $100,000 the fines it has imposed on an underpaying, now-shuttered labour hire company after accepting that it unintentionally broke the law and that its embarrassed founder is "appropriately remorseful".
In a decision highlighting the difficulties that can arise from agreement clauses linked to awards and the NES, the FWC has handed back Simplot workers' arbitration rights for casual conversion disputes but removed mention of their entitlement to access permanency after nine months.
The agency that advises the Federal Government on the pricing of aged care says the FWC's historic work value case will result in average pay increases of 11.5% for nurses working in the sector.
A FWC full bench has rejected a farmworker's bid to scrap casual overtime award rates she claims prompted an employer to sideline her during a peak harvest period because she reached the maximum ordinary hours.