A leading IR lawyer says the Albanese Government's third tranche casuals provisions are a win for employers as they will provide "considerable certainty", but he predicts an ambiguous independent contracting test will produce "windfall gains and windfall losses".
A leading labour law academic says the drafting of the Albanese Government's latest swathe of IR changes is "complex" but the reformed approach to defining an employee is "really significant" and new labour hire provisions are likely to prevent employers from evading agreements via outsourcing.
The Albanese Government's legislative changes to "close the labour hire loophole" will rely on aggrieved parties seeking orders from the FWC to ensure on-hire workers are paid the same rates as those in the host employer's enterprise agreement.
Employers face ten years in prison and maximum fines of $8 million or up to three times the stolen sum if it exceeds the cap, under new criminal sanctions in the Albanese Government's "Closing Loopholes" legislation, to be introduced into Federal Parliament tomorrow.
The Albanese Government's legislation to empower the FWC to set minimum standards for "employee-like" gig economy workers will apply only to work performed through digital labour platforms, Workplace Relations Minister Tony Burke will reveal in a speech to the National Press Club tomorrow.
The Albanese Government's third tranche of IR reforms will include a new protections for domestic violence victim-survivors against workplace discrimination, Workplace Relations Minister Tony Burke revealed this evening.
A FWC full bench has trimmed a union-sought extension to three zombie deals covering more than 500 IT workers after factoring in the Secure Jobs legislation's inherent "policy preference" for agreements negotiated under the Fair Work Act.
The FWC is not acting beyond its powers when it allows extra time for compulsory conciliation meetings when setting protection action ballot deadlines, a full bench has concluded.
Unions NSW and human rights' groups are pushing for the Albanese Government to legislate an "ironclad guarantee" that migrant workers who report employer exploitation will not have their visas cancelled.
