A former chief sustainability officer is suing a major property group for more than $800,000 – including a retention payment – in an adverse action case accusing it of dressing-up a post-takeover redundancy as a dismissal to avoid paying his full entitlements.
The High Court has affirmed the primacy of contractual terms in determining employment relationships, finding a construction worker was an employee of a labour hire company and that two truck drivers were independent contractors despite decades of exclusive service to a solitary business.
The FSU is planning to apply for good faith bargaining orders against Cbus, alleging the major industry super fund is engaging in capricious and unfair conduct that includes pushing individual contracts for some employees.
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.
The Menulog food delivery business will apply to the FWC for a new modern award covering the on-demand industry, as part of a landmark decision to take the first step toward an employment model based on minimum wages and conditions.