News

Following on from last year’s increase in occupational superannuation to 10%, employers are reminded that the minimum rate for contributions will increase again, to 10.5%, from 1 July 2022. In addition, the commencement of the 2022-23 financial year will also see the minimum monthly threshold for superannuation contributions scrapped, for all employees aged 18 years old and over.

As is the case every year, the Fair Work Commission (FWC) is preparing to issue its Annual Wage Review decision in June, with the formal consultation process having commenced months ago.

Since Christmas 2021, the Fair Work Commission has issued dozens of decisions determining the merits of unfair dismissal applications pursued by employees who have been terminated for non-compliance with COVID-19 vaccination mandates in their workplace. To date, only one applicant has had success convincing the Commission his dismissal was unfair, but he was unable to secure either reinstatement or compensation as remedy, achieving an outcome described as a “pyrrhic victory”.

A Gold Coast bus driver has won reinstatement and compensation for seven months’ lost wages following her dismissal in September 2021, in which her employer wrongly accused her of threatening behaviour towards a passenger who told her to “f*** off, Karen”, when she requested that he “put his face mask on properly” after the passenger boarded the bus wearing a mask pulled down under his chin, failed to pay his fare, and sat in the seats reserved for passengers with a disability.  

In 2018, when provisions were inserted into the Modern Awards (and later, the National Employment Standards) to provide access to five days unpaid leave for employees experiencing family and domestic violence, the Fair Work Commission undertook to review the provision when it had been operative for three years. On 16 May 2022, a Full Bench issued a decision, setting out its provisional view resulting from the Family and Domestic Violence Leave Review 2021.

A prominent hospitality employer has had its 1999 enterprise bargaining agreement terminated by the Fair Work Commission (FWC) with the FWC issuing a clear warning to employers operating on “zombie” agreements that have long passed their nominal expiry dates.

Continue reading ““Disgrace”: Fair Work Commission takes aim at hospitality employer’s ancient EBA”

A barista who continued to show up for work after being dismissed has failed to convince the Fair Work Commission (FWC) that her dismissal was unfair despite the FWC describing the café owner as an “incompetent employer”.

Continue reading “Worker who staged sit-in not unfairly dismissed”

A youth health nurse has lost her bid to overturn a decision by her employer to refuse her application for exemption from a COVID-19 vaccine directive on religious belief grounds.

Continue reading “Nurse fails in bid to overturn religious exemption refusal”

July 2022 will see major changes implemented within the Modern Award applicable to the community services sector, being the Social, Community, Home Care & Disability Services Industry Award 2010.