The FWC has expressed provisional views ahead of a hearing on Thursday that casual definitions and conversion clauses in some awards clash with the Fair Work Act and National Employment Standards, and that it would be inappropriate to itemise loadings.
The FWC's review of awards in sectors hammered by the pandemic is starting to introduce changes stymied by the withdrawal of much of the IR Omnibus Bill, according to former Fair Work Ombudsman Natalie James.
The Morrison Government has committed to reintroducing the major projects greenfields agreement provisions it removed from the IR Omnibus Bill, while employer organisations are pushing it to revive other jettisoned elements that would have overhauled enterprise bargaining and the award system.
IR Minister Michaelia Cash has defended the appointment of former federal Liberal frontbencher Sophie Mirabella to the FWC, maintaining that experience in employment law or IR is "not necessarily" a requirement.
The ACTU says a decision by federal and state WHS ministers to regulate psychosocial hazards will obligate employers to eliminate mental health risks, but has bemoaned their failure to support national industrial manslaughter laws as a "missed opportunity".
The Morrison Government has cut back funding for the Fair Entitlements Guarantee in the 2021-22 Federal Budget, but still expects an increase in claims as COVID-19 support for business is wound back and more employers go into liquidation.
The Attorney-General's Department has moved to speedily appoint a new general manager to the FWC, while signalling that a key part of the role is to oversee "significant transformation" of the tribunal's "digital capabilities".
A discussion paper on the casual terms award review raises 32 questions for parties to answer in their submissions, including whether common clauses prescribing minimum payments and engagement periods are within its ambit, ahead of a conference this week and hearings slated for mid-June.