News

FWC overhauls annual ‘shutdown’ provisions in Modern Awards

Prior to Christmas, a Full Bench of the Fair Work Commission (FWC) handed down its decision in the long-running review of annual shutdown clauses, determining to vary 78 Modern Awards to include a model clause governing the taking of annual leave during a temporary business closure. The decision comes despite the dissenting view of one Commissioner, who fears a resulting influx of annual leave disputes.

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Government pursuing more IR changes in 2023

On the back of the Albanese Government’s Secure Jobs legislation, which passed through Parliament prior to Christmas, Workplace Relations Minister, Tony Burke, has flagged that the second tranche of IR changes will seek to insert a right to superannuation in the NES; clarify the application of Fair Work Act protections to temporary migrant workers; and, provide stronger access to unpaid parental leave so families can share work and care responsibilities.

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Employer disillusioned with FWO investigation slapped with thousands in fines

A Perth real estate agency that was deeply critical of the investigative process adopted by the Fair Work Ombudsman (FWO) in response to a former employee’s claim for unpaid notice of termination has been slapped with nearly $20,000 in fines by the Federal Court, despite the employer belatedly correcting the underpayment from 2019, which amounted to just $2,700 (plus superannuation).

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FWC confirms Casual employee was dismissed when hours “reduced to zero”

A casual hostel worker has won the right to pursue his general protections dismissal claim, after the Fair Work Commission dismissed the employer’s jurisdictional objection that there was “no dismissal”, finding that the act of having his hours “reduced to zero” made it clear the casual “would no longer work for the business”.

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