A FWC full bench has refused an AiG bid to delete provisions for time-off-in-lieu (TOIL) and make-up pay at overtime rates from 10 modern awards, but has proposed a new model TOIL term for all modern awards that don't have one.
Concerns that employees could be left without award coverage if an FWC full bench refused a modern enterprise award bid should have given a "sharper edge" to its consideration of safety net obligations, a full Federal Court has ruled.
The Fair Work Commission has terminated a Work Choices agreement between the AWU and a Spotless subsidiary that saved the employer about $2 million a year in wages and penalty rates.
A FWC full bench has today acceded to employer requests to change annual leave provisions in modern awards to enable cashing-out of up to two weeks a year and give employers a qualified power to require employees to take "excessive" accruals.
The stevedoring award contains "inflated" penalty rates that are out of proportion to those applying in other industries, a senior FWC member has found in a decision in which he was overruled by a full bench majority.
Modern award transfer of business provisions that guarantee a new employer's recognition of prior service are set to be adjusted after a FWC full bench found they conflict with the National Employment Standards.
A Fair Work Commission full bench has rejected an employer's appeal against an award coverage ruling, saying it might be "inappropriate" to use the "substantial character" approach to determining which modern award applies.
A modern award is set to be stripped of a discriminatory clause that has prevented 13 older employees accessing between 40 and 60 weeks redundancy pay over the past 18 months.
A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.
A Federal Court full bench has upheld a finding that the main retail award applies to delivery drivers employed by the online arm of supermarket giant Coles.
