Case law page 28 of 30

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Modern award absorption clause to go: FWC bench

The standard absorption clause will no longer form a part of modern awards, with a five-member full bench ruling that it has served its purpose as a transitional tool.


FWC review of penalty rates to start

An FWC full bench will this week set the schedule for its penalty rates review as part of its four-yearly review of modern awards.



Bench preserves existing TOIL overtime rate-friendly awards

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.

Take another look at safety net, court tells tribunal

Concerns that employees could be left without award coverage if an FWC full bench refused a modern enterprise award bid should have given a "sharper edge" to its consideration of safety net obligations, a full Federal Court has ruled.

FWC axes AWU-Cleanevent "sweetheart" deal

The Fair Work Commission has terminated a Work Choices agreement between the AWU and a Spotless subsidiary that saved the employer about $2 million a year in wages and penalty rates.

FWC to provide award right to cash-out annual leave

A FWC full bench has today acceded to employer requests to change annual leave provisions in modern awards to enable cashing-out of up to two weeks a year and give employers a qualified power to require employees to take "excessive" accruals.