ADMINISTRATIVE COURTS – AUSTRALIA

Uber drivers sacked over sex claims reinstated

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 2 : 29-Oct-25

The Fair Work Commission has ruled that ride-sharing giant Uber must reinstate two drivers under the federal government’s unfair deactivation laws. Uber was also ordered to pay one of the drivers more than $6,000 in lost earnings after removing him from its platform in May due to several complaints about sexually inappropriate misconduct; this included a female passenger’s allegation that the driver had been sexually gratifying himself. In the second case, the FWC has yet to determine how much compensation for lost wages a driver will be entitled to following his deactivation for allegedly hugging and kissing a female passenger. In both cases the FWC found that Uber had relied on customer statements or hearsay evidence from its service team in deactivating the drivers.

CORPORATES
UBER AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK COMMISSION

Employers pitch Fair Work reform

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 29-Jul-25

The Australian Resources & Energy Employers Association is calling for an end to politically-biased appointments to the Fair Work Commission ahead of the federal government’s productivity roundtable. With both Coalition and Labor governments having been accused of favouring people with employer or union backgrounds, respectively, when making FWC appointments, the AREEA has used its submission to the roundtable to call for them to be made by an independent panel; it would comprise the federal industrial relations minister, the ACTU and employer groups.

CORPORATES
AUSTRALIAN RESOURCES AND ENERGY EMPLOYER ASSOCIATION, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY, ACTU

Gender-gap pay rulings a game-changer

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 3 : 17-Apr-25

The Fair Work Commission has recommended large pay rises for workers covered by industry awards in sectors that have predominatly female workers. The ACTU says the FWC’s recommendations will directly increase the wages of an estimated 175,000 workers, as well as 335,000 workers whose agreements ae underpinned by awards. Amongst other things, the FWC’s expert panel has recommended a pay rise of to 28.4 per cent for early childhood educators, up to 31.2 per cent for psychologists and up to 14.1 per cent for pharmacists. The proposed wage rises would be phased in over several years, and are in addition to any increase in the minimum wage from July.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, ACTU

Unions unleash part-time IR battle

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Original article by Ewin Hannan
The Australian – Page: 1 & 4 : 24-Jul-24

The Fair Work Commission will commence a review of part-time employment in 2025. FWC president Adam says it will examine daily and weekly minimum hours of work for part-time workers, and the circumstances in which working hours may be altered. Meanwhile, the union movement will seek restrictions on part-time employment. This includes minimum shifts of four hours for such workers; at present some awards provide for minimum shifts of no more than two hours for part-time and casual workers. Unions will also push for a requirement that part-timers receive 28 days’ advance notice of rosters changes, and that any such changes must be made with mutual agreement.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION

Dispute exposes labour hire laws legal nightmare

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 30-Aug-23

Australian Industry Group CEO Innes Willox says a union dispute at Opal Australian Paper shows that the federal government’ proposed ‘same job, same pay’ policy could be a legal nightmare for employers. The Australian Manufacturing Workers’ Union alleged that a labour hire worker was paid less than the direct workforce at Opal’s Maryvale paper mill in Victoria. A union deal required contractors to receive ‘no less favourable’ wages and conditions than direct employees. The Fair Work Commission assessed a range of disputed conditions before ruling in Opal’s favour, including overtime, casual rates, allowances and bonuses.

CORPORATES
OPAL AUSTRALIAN PAPER, AUSTRALIAN MANUFACTURING WORKERS’ UNION, AUSTRALIA. FAIR WORK COMMISSION, THE AUSTRALIAN INDUSTRY GROUP

Unvaxxed BHP miners agree to get the jab

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Original article by Ewin Hannan
The Australian – Page: 5 : 25-Nov-21

BHP has advised that fewer than 35 workers at its Mt Arthur coal mine have yet to provide evidence that they are vaccinated against COVID-19. The resources group recently stood down nearly 80 of the mine’s workers under its mandatory vaccination policy. The CFMEU and the ACTU are challenging the validity of this policy in the Fair Work Commission, contending that BHP did not comply with the consultation requirements of the Work, Health and Safety Act.

CORPORATES
BHP GROUP LIMITED – ASX BHP, CONSTRUCTION, FORESTRY, MARITIME, MINING AND ENERGY UNION OF AUSTRALIA, ACTU, AUSTRALIA. FAIR WORK COMMISSION

Fair Work president resists Porter IR plan

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Original article by Ewin Hannan
The Australian – Page: 1 & 5 : 8-Feb-21

Industrial Relations Minister Christian Porter has rejected criticism of the federal government’s proposal for the Fair Work Commission to approve enterprise agreements within 21 days. FWC president Iain Ross has argued that this requirement is unnecessary and could result in unintended consequences, such as giving approval to workplace agreements that are subsequently found to contain technical or substantive defects. Justice Ross also warns that more applications for enterprise agreements may be withdrawn or rejected under the proposed reforms. The Senate will begin an inquiry into the omnibus industrial relations bill on 8 February.

CORPORATES
AUSTRALIA. DEPT OF EDUCATION, SKILLS AND EMPLOYMENT, AUSTRALIA. FAIR WORK COMMISSION

Office staff get to keep pandemic flex time

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Original article by David Marin-Guzman
The Australian Financial Review – Page: Online : 24-Dec-20

The Fair Work Commission has extended flexible working arrangements for employees who are covered by the clerks award until the end of June 2021. The ordinary hours of work for clerical employees while telecommuting were extended beyond traditional working hours earlier in 2020, in response to the coronavirus. The FWC has also introduced additional flexibilities with regard to the hours of work for clerical staff while working from home.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION

Fair Work backs penalty rates waiver

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 5 : 1-Jul-20

The Australian Services Union has failed in its bid to end flexible working arrangements for administrative employees who are covered by the clerks award. The ordinary hours of work for clerical employees while telecommuting were extended beyond traditional working hours in response to the coronavirus. The deal regarding overtime and penalty rates was initially slated to end on 30 June, but the full bench of the Fair Work Commission has agreed to extend it until the end of September.

CORPORATES
AUSTRALIAN SERVICES UNION, AUSTRALIA. FAIR WORK COMMISSION

Pandemic pain to hit wage rises

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Original article by Ewin Hannan
The Australian – Page: 1 & 4 : 15-May-20

Australian Chamber of Commerce & Industry CEO James Pearson says the latest jobs data underlines the need for the minimum wage to remain unchanged in 2020. He warns that an increase in the minimum wage would jeopardise more jobs. Fair Work Commission president Ian Ross has flagged the possibility that a minimum wage rise could be delayed for companies that are receiving the JobKeeper wage subsidy. However, the ACTU opposes any delay; it is pushing for a minimum wage rise of four per cent, or $30 a week.

CORPORATES
AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, AUSTRALIA. FAIR WORK COMMISSION, ACTU