The Federal Government has sidestepped an "irregular" question from the Fair Work Commission about whether it planned to change the Fair Work Act to enable the tribunal to make take-home pay orders in cases like the landmark penalty rates review.
Business groups have told the FWC that it is prohibited from varying or revoking its decision to cut Sunday and public holiday penalty rates and have slammed United Voice over its call for the case to be immediately concluded so that it can launch a judicial review.
As the FWC calls for submissions on an employer bid to ditch the term "penalty rates" and replace it with "additional remuneration", a senior union-clientele lawyer is warning of a "slippery slope" if recognition of a need to compensate those working unsociable hours is removed.
The FWC has asked the Turnbull Government to clarify whether it intends to amend the Fair Work Act to enable the tribunal to make take home pay orders to potentially mitigate hardship flowing from its decision to cut hospitality and retail workers' penalty rates, and is seeking further submissions on transitional arrangements.
A full Federal Court will in August hear an application from Queensland employers facing millions of dollars in backpay claims following a full FWC bench decision that apprentices' pay should be measured against the more generous federal award rather than the state award when conducting the BOOT.
Two important minor parties – the Nick Xenophon Team and Pauline Hanson's One Nation – have reversed their support for cutting penalty rates in the retail and hospitality sectors.
Former FWC vice president Graeme Watson refused to share with other members of a full bench the conclusion of his decision on the ACTU's domestic violence clause claim, an internal memo released by the tribunal's president has revealed.
Prime Minister Malcolm Turnbull has belatedly confirmed his support for the Fair Work Commission's decision to cut Sunday penalty rates, representing his position as consistent with the Liberals' "backing" of small business.
