A people and culture team "singularly failed" to meet with an employee in a timely manner to discuss his redeployment opportunities, meaning his redundancy wasn't genuine, the Fair Work Commission has ruled.
The Fair Work Commission's decision to unilaterally amend three enterprise agreements before approving them highlights problems with the bargaining regime and with the restrictive part-time employment rules in many modern awards, employer representatives say.
Employers often don't invest sufficient time and effort into planning for an enterprise bargaining round, despite the enormous value of doing so, according to an HR consultant who highlights some commonly overlooked elements of the process.
An "attitude of reticence or disinclination" towards making intractable bargaining declarations goes against the reforms' intentions, a Fair Work Commission full bench has ruled.
Enterprise bargaining reforms have added a great deal of uncertainty to the negotiating process, because the prospect of an intractable bargaining determination makes it less likely that either side will end up with the outcomes it wants, according to an employment lawyer.
Stripping an employee of his core duties without explanation was "objectively unreasonable", the Federal Circuit Court has found, in ruling an employer breached its obligation to provide him with a safe workplace.
Compliance with an enterprise agreement alone does not constitute a reasonable business ground for refusing a flexible work request, a Fair Work Commission full bench has confirmed in dismissing an employer's appeal.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
