A FWC full bench has refused an AiG bid to delete provisions for time-off-in-lieu (TOIL) and make-up pay at overtime rates from 10 modern awards, but has proposed a new model TOIL term for all modern awards that don't have one.
The head of the peak small business body has welcomed changes implemented by the Fair Work Commission's president, but is less keen on the tribunal's members, accusing them of failing to "take reality into account" on issues such as penalty rates and minimum hours for junior retail workers.
A health, safety and environment coordinator has failed to convince the Fair Work Commission that exceptions such as sick leave and inclement weather meant the overtime component of his salary was not "guaranteed" so should not disqualify him from unfair dismissal protection.
The Fair Work Commission has asked Coles to make changes to its proposed supermarkets agreement, which covers about 75,000 retail workers, before it can pass the better-off-overall-test.
The AWU's Victorian branch received up to $25,000 a year from a Spotless Group subsidiary under a memorandum of understanding that meant cleaners were not paid penalty rates, the Heydon Royal Commission heard today.
The stevedoring award contains "inflated" penalty rates that are out of proportion to those applying in other industries, a senior FWC member has found in a decision in which he was overruled by a full bench majority.
The AiG and unions are at odds over time in lieu and make-up pay provisions in modern awards, with the employer group critical of an AMWU push to calculate TOIL at overtime rates and the ACTU in turn arguing the AiG's proposal would reduce existing entitlements.
The NSW Business Chamber has formally applied for the Fair Work Commission to introduce new rules in modern awards covering more than 500,000 micro businesses that employ fewer than five workers.
The former Labor Government's changes to the modern award objective have made it impossible for 24/7 industries such as hospitality to successfully prosecute cases to abolish penalty rates and should be scrapped, according to the peak body for restaurant employers.
The Office of the Australian Small Business Commissioner is pushing for the full adult wage to be paid from the age of 18, questioning the rationale behind the IR system "deeming adulthood to commence at 21".