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Stood down workers seek clarity on leave entitlements

A Federal Court judge has promised today to rule swiftly on whether Qantas employees stood down due to the coronavirus pandemic can access paid personal (sick) leave, carers' leave and compassionate leave.

Uber ruling underlines need for legislative fix: Academic

An FWC majority finding that an Uber delivery driver could not bring an unfair dismissal claim as she was an independent contractor highlights a need for legislative intervention to recognise that many gig workers are employees, says a leading employment law academic.

High-earning manager can't contest sacking: FWC

A senior manager on a $240,000 annual remuneration package has failed to convince the FWC he is an award-covered employee protected from unfair dismissal.

Bench cools union attempt to reheat undertakings argument

A full bench has again affirmed the FWC's ability to use undertakings to overcome concerns about how deals are explained ahead of a vote, rejecting a CFMMEU challenge to the redetermination of a controversial power industry deal.

No hearing for teacher "forced" onto maternity leave

The FWC has refused to hear the out-of-time unlawful termination case of a teacher allegedly "forced" into taking maternity leave, finding her confusion over the dismissal date, a delay caused by filing the wrong claim and a difficult birth did not amount to exceptional circumstances.

Mistaken s-x reference no basis for costs

A senior FWC member has cited the ubiquity of "incomplete [or] incorrect" applications received by the tribunal in rejecting a regulatory body's $36,000 costs bid against a former employee who mistakenly claimed discrimination on the basis of s-x.

FWC bench "out of step" in knocking back award change: Ai Group

The Ai Group is calling for urgent legislation to enable awards to keep pace with "contemporary work practices", after an FWC full bench rejected a joint bid to boost overtime provisions for lower-level IT professionals while preserving flexibilities.

HR manager's "troubling" reliance on selective review

The FWC has rejected a major utility's attempt to introduce a zero blood-alcohol regime for its 2500-strong workforce, calling out management for a "selective" policy review and failing to alert unions that it would treat first breaches as serious misconduct instead of issuing a warning.

Retailer makes JobKeeper conditional on big casual hours rise

The shop union says a toy retail chain is wrongly seeking to make nomination for the JobKeeper payment conditional on a casual employee tripling their normal hours, while the increase in working time is also unreasonable under the wage subsidy scheme, but the employer says it is simply asking its casuals to share the load as it struggles to survive a 100% reduction in business.