News

Drowsy poultry worker roasted for refusal to submit to drug test

The Fair Work Commission has upheld the termination of a poultry worker who refused to undertake a drug test after he fell so deeply asleep while being transported at the end of a shift that he had to be woken by paramedics, with his unsatisfactory explanation for the incident compounded by his failure to attend a meeting with his employer to discuss his refusal.

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Disputes over Flexible Working Arrangements producing mixed bag of results

As more businesses scale-back work-from-home (WFH) initiatives triggered by the COVID-19 pandemic and more employees find themselves being required to attend the workplace regularly, requests for flexible working arrangements have become a popular channel for employees seeking to maintain remote work opportunities, with the Fair Work Commission (FWC) routinely called upon to intervene in disputes.

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Intoxicated garbo overturns dismissal on appeal

A rubbish truck driver who was sacked after recording a low-level alcohol reading pre-shift in June 2024, has successfully overturned the original decision that his dismissal was fair, and won reinstatement courtesy of a Full Bench decision which explores the nuances of an employee being “intoxicated at work” for the purposes of the serious misconduct definition, while highlighting the importance of employees having opportunity to respond to all concerns their employer may be weighing when considering termination.

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Gender-based Undervaluation – Priority Awards Review: Final Stage Hearings set

In our news post of May, we explored various changes a Full Bench of the Fair Work Commission determined to be necessary in several Modern Awards applicable in highly feminised industries; these awards include the Children’s Services Award 2010 (CS Award), the Health Professionals & Support Services Award 2020 (HPSS Award) and the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award). Following a Directions hearing on 15 July, the matters have been set down for multi-day hearings in October and November, representing the final stage of the Gender-based Undervaluation – Priority Awards Review process.

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IR Laws to be tweaked, not overhauled, in Albanese Government’s second term

Following its comfortable win in the recent Federal election, coupled with a strong contingent of Greens Senators represented in the Upper House, the Albanese Government stands well placed to continue seeking significant IR reform during its second term, though initial signs point to legislative change being more limited than what has been witnessed since it was first elected to power in 2022.

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2024-25 Annual Wage Review – Progress Update

As we edge towards the half-way point of the year, the Annual Wage Review process has entered its final stages, with the deadline for submissions having passed mid-month and consultations scheduled in Sydney on 21 May. Whilst it is feasible a decision could be handed down as early as 30 May, it is more likely this year’s timeline will mirror 2024, meaning publication in early-June is a more probable outcome. [UPDATED: the decision will be handed down on Tuesday 3 June]

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Gender Undervaluation decision set to revamp awards in feminised industries

Prior to Easter, the Fair Work Commission (FWC) handed down its decision in the Gender Undervaluation – Priority Awards Review process, which commenced last year on the Commission’s own motion, and flowed from observations borne out of the 2023-24 Annual Wage Review (see our related article). The provisional views expressed in the comprehensive decision of 16 April stand to significantly impact wage rates and classifications contained within several Modern Awards applicable in highly feminised industries, including the Social, Community, Home Care & Disability Services Industry Award 2010, the Children’s Services Award 2010 and the Health Professionals & Support Services Award 2020.

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