Australia had less need than other countries to turn to legislation to provide short-term workplace flexibility in response to COVID-19 because of "swift" and "bold" yet self-restrained interventions by the FWC, according to new research.
The insights gained from the rapid shift to working from home during COVID-19 could lead to the adoption of a "genuine consultation" requirement under the Fair Work Act's "right to request" flexibility that might start "a conversation aimed at reaching a mutually suitable arrangement", according to a new paper by two leading IR academics.
A RTBU delegate dismissed after managers found him "impossible" to deal with has been ordered to pay his employer's costs of defending his unsuccessful adverse action case, in which a judge found he unreasonably rejected settlement offers despite clear evidence he would never be reinstated.
Vaccination mandate for WA resources sector; CFMMEU preparing to expel rioting members; FWO claws back underpayments for hotel quarantine security guards; High Court to consider jurisdictional question.
The AAT has found a real estate agent eligible for FEG payments reflecting the balance of sales commissions even though they became payable on the post-administration settlement of properties, quashing an Attorney-General's Department decision to the contrary.
The FWC has upheld a construction company's dismissal of a receptionist who juggled work with caring for a grandson with special needs, finding the small business was "exceptionally flexible and considerate" but the situation became untenable.
A pistol club accused of underpaying a manager for more than a decade and threatening to sack and evict her when she sought her full entitlements is claiming that she was largely a volunteer who worked "minimal" hours to preserve her welfare payments, despite being named as manager on its website.
Coinciding with the launch of an FWC online hearings fact sheet, a commissioner has told an IR forum they will remain his default after COVID-19 restrictions ease, while other members have become "fervent converts".