In a rare Federal Court ruling on reasonable additional hours, a large employer faces penalties for numerous Fair Work Act and award breaches after being found to have employed a recently-arrived "third-world" migrant on a 50-hour week in which shifts began at 2am.
Hospitality workers on at least 25% above-award annualised salaries will earn overtime for such work beyond 12 hours a week or penalty rates for working more than 18 penalty rate hours, but the FWC concedes the minimum is "nowhere near enough" to compensate many.
The NSWNMA has in announcing public sector nurses will go ahead with a second strike on Thursday accused the State Government of failing to maintain an open dialogue on its claims for boosted staffing ratios and a "modest" 4.75% pay rise.
A FWC member has applied the "well known 'duck principle'" in holding that a tyre recycling company suspected of phoenixing unfairly sacked a worker who complained about unpaid superannuation, before threatening to kill a director.
The FWC has warned employers that the "clock is ticking" for Work Choices "zombie" agreements in rebuffing a large employer's bid to keep a 2008 flat-rate deal operating until May or June, coinciding with the 10-year anniversary of its nominal expiry.
The FSU says it will sue the National Australia Bank after a survey of more than 1000 middle managers revealed widespread excessive unpaid work and "unbearable levels of stress and anxiety", but the bank says there is no such expectation of extra hours.
In a workloads decision the NTEU says will "shake the status quo at the foundations", the FWC has held a university's model breached its agreement as it is not based on quantitative standards and "strays too far" from what the evidence points to as a median requirement.
An IR specialist has told a labour law conference that if employees can demonstrate it will not reduce productivity or service, it might become increasingly difficult for employers to validly refuse flexibility requests for four-day working weeks.
The FWC has decided not to compensate a Queensland hotel worker unlawfully stood down after she refused to temporarily reduce her hours, finding it would be unfair to her employer and colleagues who agreed to "share the burden of the pandemic".