Deliberately underpaying workers will be a criminal offence, punishable by fines of up to three times the amount of underpayments, under laws being introduced to Parliament today.
Labor's imminent industrial relations changes, which include a first-ever "definition of what an employee is", represent a union "wish list" rather than addressing legitimate loopholes, employer groups say.
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 failed to "fulsomely engage" with an employee and consider all available options when determining her flexible work request, a Fair Work Commission full bench has found in appeal proceedings.
Employers' obligations regarding flexible work, unpaid parental leave and enterprise bargaining change today, while more industrial relations reforms are coming into effect soon.
An employee has failed to argue a different standard of conduct applied during a consultative meeting, in appealing against the severity of disciplinary action imposed on him for poor behaviour.
Award changes giving overtime rates to a group of workers who weren't previously entitled to them are unlikely to impact many employers, but a provision excluding managers reinforces the importance of making that distinction clear in contracts.
