The High Court has this morning granted the ABCC special leave to appeal a full Federal Court finding that the CFMMEU's recidivism should not be factored into penalty calculations.
Deliveroo says it won't accept a FWC finding that a sacked rider was an employee entitled to protection from unfair dismissal or that it reflects how riders work in practice, but the TWU says the ruling puts Australia in line with other countries that recognise gig workers' rights.
The FWC has in finding a Deliveroo rider was an employee who must be reinstated criticised the platform for a "callous and perfunctory" dismissal "most notable for its absence of compassion".
The CFMMEU has told the High Court that applying the multifactorial test to determine if a worker is an employee or independent contractor is a "vacuous" approach without ultimately establishing whether they are conducting their own business.
Prime Minister Scott Morrison is seeking advice on whether to delegate some of the responsibilities of IR Minister and Attorney-General Christian Porter while he is suing the ABC for defamation in the Federal Court, according to political sources.
The Morrison Government's contentious Omnibus IR Bill has moved to the Senate after a day of increasingly splenetic exchanges between Coalition and ALP members, one independent describing the legislation as a "pathetic" example of supposed compromise.
Unions say Uber's failure to convince the UK's Supreme Court that its drivers are independent contractors or that their working time only includes periods carrying passengers is set to be "very persuasive" in the Australian context.
Observing that "you can only 'lead a horse to water' so many times", the FWC has after nearly a year dismissed what it described as a former university employee's largely incompetent unlawful dismissal claim.
Just as the Morrison Government's Omnibus IR Bill says a casual will be defined on the basis of their job offer, rather than subsequent conduct, the labour hire company at the centre of a landmark casuals case has told the High Court employment contracts must be decisive.
