A group of employees who worked overtime "regularly and extensively" without obtaining formal permission did so with "implied" authorisation, a court has found.
The Federal Court has criticised an employer that ignored a recommendation about a misconduct investigation, and instead proceeded to dismiss an employee, noting its "unfortunate" decision breached its enterprise agreement.
More than a dozen enterprise agreements approved in the past few months contain an "ingenious" clause designed to increase union membership, but workplace lawyers question whether it will "stand the test of time".
An employer has failed in its bid to conceal a client list in its new enterprise agreement, after the Fair Work Commission found this could potentially lead to breaches of pay secrecy prohibitions.
Suncorp has backpaid almost $32 million to underpaid workers and entered an enforceable undertaking (EU) with the Fair Work Ombudsman, after inconsistently applying a clause in its enterprise agreements.
Employers' obligations regarding flexible work, unpaid parental leave and enterprise bargaining change today, while more industrial relations reforms are coming into effect soon.
The Federal Court has ordered the reinstatement of an employee sacked for making "deliberately provocative" social media posts, but declined to order damages for distress, finding he didn't appear to be "an individual whose feelings might easily be hurt".
Imminent changes to the better-off-overall test will make it easier for employers to enter into new enterprise agreements, while giving the Fair Work Commission power to reassess and change terms post-agreement, according to a workplace lawyer.
Employers are now playing an increasingly active role in bargaining, with lawyers suggesting many are "getting ahead" of the multi-employer arrangements starting in June.
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