News

Aged Care Work Value Case – Stage 3 Decision

On 15 March 2024, the Fair Work Commission (FWC) handed down its ‘Stage 3’ decision in the long-running work value case, which has been underway since 2021. The claim, initiated by the HSU, has pursued wage increases for employees engaged in the Aged Care sector who provide direct care to aged persons under the Nurses Award 2020, the Aged Care Award 2010 and the Social, Community, Home Care & Disability Services Industry Award 2010.

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‘Closing Loopholes No. 2’ passed by Parliament

After agreeing to split its desired ‘Closing Loopholes’ legislation into separate parts to secure passage of the less controversial elements prior to Christmas 2023, the next instalment of the Government’s proposed IR reform has been successfully negotiated faster than expected, with the ‘Closing Loopholes No. 2’ Bill having passed both Houses of Parliament as of 12 February. The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (‘Closing Loopholes No. 2’) received Royal Assent 26 February 2024.

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Modern Awards to contain revised PAID (union) training leave from 1 July

Following on from changes ushered in within part one of the ‘Closing Loopholes’ legislation (ratified prior to Christmas), the Fair Work Commission has commenced the process of constructing a suitable delegates rights’ clause for inclusion in all Modern Awards from 1 July 2024, which, once operative, will entitle elected union delegates to reasonable access to paid leave for the purposes of attending related training.

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Ousted Coolum Resort employees handsomely compensated by FWC

In early-August 2023, a subsidiary company of Clive Palmer’s Mineralogy group, terminated the employment of 125 workers at the Palmer Coolum Resort in a sudden mass sacking event purportedly initiated due to a “large amount” of “fraud, theft and other matters of dishonesty” across the entire site. The “scattergun approach” resulted in 47 unfair dismissal applications being lodged, four of which proceeded to Hearing, with Commissioner Bernie Riordan determining all matters and awarding sizeable compensation in each instance.

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“Champion of workplace safety” fairly dismissed for own hazardous conduct

The Fair Work Commission has upheld the termination of a Victorian child employment officer who was dismissed for his inability to perform the inherent requirements of his role, finding the adjustments required to facilitate his return after an 18-month absence were “unrealistic”, while politically biased tweets made prior to his extended absence would have provided a second valid reason for termination.

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