FWC wraps up year of action

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FWC wraps up year of action

The Fair Work Commission continues its busy 2014 schedule with the anti-bullying test case and award reviews still in progress.

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The Fair Work Commission continues its busy 2014 schedule with the anti-bullying test case and award reviews still in progress.

Anti-bullying jurisdiction test case


Last week a full bench of the commission considered what conduct comes within the definition of bullying at work under the Fair Work Act's new anti-bullying jurisdiction.

The FWC's decision, when it is handed down, will have implications for the liability of employers generally.

4-yearly review of modern awards – transitional provisions


Employers continue to oppose the attempt by unions to secure “interim relief” to continue the operation of award terms regarding accident pay and district allowances that were otherwise due to expire on 31 December 2014, pending the hearing of substantive union claims seeking new award provisions.

On 8 December 2014 employers will make further submissions opposing union submissions which contend that take-home pay orders are available in response to the expiration of the transitional provisions.

4-yearly review of modern awards – general update


In mid December the president intends to issue an outline of a comprehensive program of matters to be conducted as the review progresses.

Issues that remain to be settled include:  annual leave common issues; award flexibility; public holidays apprentice conditions; part-time and casual employment involving the ACTU's claims to include model part-time and casual provisions in awards; and the ACTU's domestic violence and family friendly claims opposed by employers.

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