The FWO has lost its appeal against a finding that four allegedly underpaid delivery drivers were independent contractors rather than employees, the judge observing that the case was "much harder" to decide than the recent High Court ruling that guided him.
The Albanese Government has appointed former Fair Work Ombudsman Natalie James as the secretary of the new Department of Employment and Workplace Relations that opens its doors next week.
It would be "most logical" for Labor if it takes power on May 21 to create a Fair Work court to sit alongside the FWC and deal with wage theft, discrimination and more, according to an employment law and IR academic who says this might also enable it to "rebalance" appointments.
The Federal Court has set a seven-week trial to hear Adero Law's class actions against Coles and Woolworths in tandem with FWO underpayment claims against the retailers, while the law firm seeks about a third of a $2.2 million settlement with Drakes and Foodland.
The Federal Court has applied the "precautionary principle" in accepting the FWO's view on the process for calculating underpayments for 19,000 salaried Woolworths employees, while it has also indicated that jointly managing the matter with a similar Coles case "would be useful".
The IEU says it will call out non-government schools over a widespread practice of engaging staff and others in key co-curricular roles as "volunteers", after a Queensland college back paid more than $2 million and entered into an enforceable undertaking with the FWO.
The FWO alleges in court proceedings filed yesterday that Coles owes its managers about $100 million more than it has made allowance for following internal payroll audits looking at the underpayments.
Shadow IR Minister Tony Burke has today attacked Fair Work Ombudsman Sandra Parker's approach to "insecure" work, accusing her of "spin", mischaracterising Labor's policy position and operating in a manner similar to that of the "partisan" ABCC and ROC.
In a further warning on the importance of accurate payroll systems, the Australian Red Cross Society has become the latest surprising addition to the list of underpaying employers to have entered enforceable undertakings with the FWO after the charity self-reported short-changing employees a figure now estimated to top $25 million.
