Working from home is here to stay and will be "more effective for all" if it is supported by formal policies, hours are "relatively fixed hours" and it is voluntary, according to one of two university studies commissioned by the FWC as it considers inserting a WFH clause in the clerks award.
An FWC full bench has decided to abolish junior rates in the Retail Award for all but the lowest three classification levels, with any submissions to be filed by next Tuesday opposing its provisional view that the variation should start in February.
The FWC has in varying 97 awards to address casuals' overtime payments rejected employer arguments that its application of a compounding formula in the aged care sector contradicts the "widely accepted" proposition that penalties should not be applied to loadings.
The modern award system might have comprehensively whittled down previous iterations but its complexity still baffles some users, according to the Attorney-General's Department.
Employers have pushed back against the SDA's campaign to remove junior rates in the retail sector for all but the lowest of eight classifications, arguing it will "unambiguously" raise costs and slow promotions.
The FWC has used the further extension of COVID-19-related flexibilities in the clerks award to advance its campaign for enduring changes in working-from-home arrangements, calling on employers and unions to report back on possible variations to address the issue by early next month.
The Federal Circuit Court has expressed "hesitation and regret" in accepting that while a DJ was a casual rather than an independent contractor, his underpayments claim must fail as his work was not covered by an award.
The FWC has taken the initiative of releasing a draft award schedule addressing working-from-home arrangements, describing it as conversation-starter that recognises the need to adapt to COVID-19 realities.
An FWC full bench has baulked at extending paid pandemic leave to award-covered disability services and ambulance workers, saying there was insufficient evidence of a "threat to the resilience" of care in those sectors.
An FWC full bench is inviting submissions by 2pm on an award variation allowing the real estate industry to disregard the COVID-19 months for commission-only employees and place a moratorium on commencing such arrangements.
