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.
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.
IR academics say the High Court's "revolutionary" approach in Rossato signals an intention to rewrite the rules for determining employment status, with potentially dire consequences for gig workers and others seeking to challenge their characterisation.
Employers once said to be facing up to $38 billion in casuals' backpay claims have welcomed today's High Court confirmation that contracts are decisive in determining employment types, while workers' representatives have come out swinging.
The High Court has today unanimously upheld labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual on consecutive contracts for almost four years.
Uber is again facing a challenge to claims it has no employment relationship with drivers, a rideshare workers' group going after the company for alleged record keeping and payslip breaches in a case seeking penalties to boost its advocacy war chest.
The High Court will next Wednesday hand down its much-anticipated judgment in labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato had an entitlement to paid leave while engaged as a casual on consecutive contracts for almost four years.
Higher-paid hospitality workers' overtime and penalty payments would be rolled up into loaded rates under an award variation proposed by employers in response to COVID-19's impact on the industry.
A FWC full bench has upheld a finding that a Toll health and safety representative was not entitled to be paid for attending the disciplinary meetings of another HSR, or grabbing a coffee after, and was after a "commendable" process rightfully sacked for falsifying his timesheets.
