An FWO report released hot on the heels of Caltex's announcement that it will exit franchising has revealed non-compliance at 76% of audited sites and accuses the oil giant of contributing to breaches by failing to put effective systems in place, despite warnings.
In a landmark ruling, the Federal Court has found today that a Spotless subsidiary failed to meet its obligations under the NES to provide notice and severance pay to employees – some with 15 to 20 years service – when it lost a longstanding services contract at a major shopping complex.
The Federal Circuit Court has found a dental practice that entered into a sham contract to help an international student obtain a 457 visa breached multiple IR laws and underpaid her by almost $67,000, but compensation might be complicated by a finding that she was a party to the scam.
The Fair Work Ombudsman is frustrated it is failing to secure "any real commitment" from Caltex on a "compliance partnership" to handle underpayments by franchisees, despite being in talks for 18 months.
An FWC full bench majority has refused to accept that an employer's flawed investigation process, coupled with uncharacteristic behaviour purportedly sparked by mixing medication and alcohol, excused a coal miner sacked over profanity-laced threats to co-workers.
As independent federal MP Cathy McGowan vows to push for a new ministerial sex ban to be extended to all those working in Parliament, an IR lawyer says the approach has little practical use in the private sector where the focus is on disclosure.
Woolworths says it will train head contractors on their IR obligations, require all cleaning contractors to use a third-party payroll system and increase its auditing, after an FWO investigation revealed the retailer contributed to a culture of non-compliance in its Tasmanian cleaning supply chain.
A senior FWC member has upheld the sacking of an underground mineworker who tested positive for THC and continued to have elevated levels of the drug in his system 22 days later, finding it the "only course of action open" to the employer.