Entitlements and standards page 23 of 85

A court has thrown out an FWO underpayment case on behalf of four delivery drivers it argued were employees rather than independent contractors, the judge narrowly finding that all parties intended to operate at arm's length when originally formalising their relationship.

The FWC has pushed back hearings for the ACTU's bid for 10 days paid family and domestic violence leave from next month to late February next year.

The FWC has decided to conclude a case with a "lengthy and complex" history, dismissing an employer's bid to further delay consideration of a union's application to terminate its nominally-expired deal while it challenges the tribunal's rejection of a new agreement to the Federal Court.

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.

The UWU has welcomed a new agreement that pays a 10% increase over three years to about 3000 Star Sydney casino workers and boosts annual leave to five weeks.

In a decision illustrating the delicate balancing act required of the FWC when considering axing old agreements, a recently-employed worker has succeeding in having a security company's 15-year-old deal scrapped over the loud objections of all but a few of his fellow employees.

Hospitality industry employers have won approval to roll up overtime, penalty and split-shift rates for full-time higher-paid workers after a FWC full bench rejected union concerns that changing the award for a small cohort could leave a broader group of employees worse off.

An "overwhelmed" manager caught up in her husband's hurried relocation to an interstate NRL bubble has been refused a six-hour extension to contest her redundancy, despite the FWC finding she had an arguable case.

An appeal court has found that international IT company Infosys had no obligation to pay long service leave to employees who claimed the entitlement after they worked for it in Australia for less than three years but up to a decade in India and elsewhere, finding they didn't meet the "continuous service" threshold under State legislation.

A court has accepted that it should impose a reduced underpayment penalty on an employer and its director because last year's extended coronavirus lockdown in Melbourne significantly reduced the size and financial resources of the business.