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SDA junior rates case in FWC this week

FWC President Adam Hatcher will conduct a directions hearing on Friday to consider an SDA bid to lift award junior rates for under-18 workers and abolish them altogether for those 18 and above, with the union arguing that age should not be a criterion for setting pay.

Dilemma as some awards envisage outside-hours contact: FWC chief

FWC President Adam Hatcher has expressed concern about possible confusion arising from the inclusion in all awards of the new right to disconnect outside of working hours, when some awards "specifically contemplate" out-of-hours contact.

Sacking followed perceived "badgering" of national HR chief

A company did not sack a worker for alleged safety breaches and unprofessional behaviour, but rather took unlawful adverse action when it decided to dismiss him because its national HR manager took his queries about pay and flexible work as "badgering" and harassment, a court has ruled.

Warning on commission-only arrangements in finance

A senior lawyer says finance sector employers should "urgently review" their employment agreements after a finding that a commission-based advisor is award-covered and that a leading wealth management company cannot use those payments to offset his entitlements.

ACTU draft RtD clause extends too far: AiG

The AiG is calling for the FWC to reject the ACTU's "misguided and inappropriate" draft "right to disconnect" award clause, and AREEA is recommending the final clause mirror the legislation, rather than expand it.

Jettison employers' "minimalist" disconnect model: ACTU

The ACTU says the "right to disconnect" clause to be inserted into awards should provide "descriptive guidance" on how the entitlement would operate and the FWC should reject employers' proposed "minimalist" approach, ahead of consultations next week and the Commission releasing a draft provision next month.

"We just say yes": Employers on WFH requests

Employers say they are approving most flexible hours and work from home requests, according to a FWC-commissioned modern awards review survey that suggests the tribunal might explore entrenching a right to fully flexible arrangements for work that can be performed remotely.

Crucial ruling on franchisors' IR responsibilities

In a landmark ruling today on franchisors' IR compliance obligations, the Federal Court has imposed a $1.44 million fine on a coffee chain for its franchisees' underpayments and record-keeping breaches.

FWC orders 3.75% rise in award rates, NMW

The FWC's expert panel has this morning approved a 3.75% increase in all award rates and the national minimum wage, but has rebuffed the ACTU's bid for an immediate additional 4% for workers in highly-feminised industries, instead committing to a timetable to address the issue over the next 12 months.

Audit identifies award intersection with disconnect right

The FWC is inviting submissions by June 11 on a "right to disconnect" audit of all 155 modern awards focusing on terms involving spans of hours, notice, supervisory duties, and requirements to remain on call, on standby or return to duty.