Employers are "mourning" the IR omnibus Bill's ill-fated enterprise bargaining changes, but there are plenty of other developments in this space to watch and prepare for, an employment lawyer says.
A new enterprise agreement that proposes giving employees the right to disconnect from work is far from groundbreaking, but employers should "absolutely" expect to face more demands along these lines, a lawyer says.
The Fair Work Commission has rejected that an employee was targeted for redundancy because of his workplace safety activities, finding his evidence "inconceivable", "speculative" and "weak".
The Full Federal Court's ruling in Rossato v WorkPac is effectively a "warrant" for employees to double-dip on wages, and suggests "justice and the law... have parted company", the employer is arguing before the High Court.
Enterprise bargaining changes in the IR omnibus bill will help ensure the BOOT is applied in the way legislation initially intended, helping more enterprise agreements get approval more quickly, an employment lawyer says.
The Fair Work Commission has again rejected undertakings that BHP's in-house labour hire organisation hoped would push its enterprise agreements over the line.
BHP has defended a union's challenge to its in-house labour hire model; and the Federal Court has criticised traditional contractor tests for producing "ambiguity, inconsistency and contradiction".
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