Optus has again failed to overturn a finding that underpaying workers' long service leave entitlements when they leave might count as a continuing offence under Victorian law, clearing the way for the State's Wage Inspectorate to pursue daily fines that could run into millions for the period before the telco rectified the alleged issue.
In a significant ruling on agreement coverage, a full Federal Court has found that two Catholic school teachers are entitled to pay rises contained in new deals despite resigning before they took effect.
A full Federal Court has overturned orders for a big company to compensate a former employee for a "sham" redundancy, finding a judge wrongly ruled on the necessity of a business restructure.
The president of a nursing "red union" faces the sack from her hospital job after failing to persuade an appeal court that unauthorised media comments fell under protected industrial activity.
A FWC member incorrectly apportioned the burden of proof and applied the wrong test for "reasonable" self-defence in ordering reinstatement of a train driver sacked after fighting with a stranger on a station concourse, a full bench has found.
State Labor governments intervening in a High Court constitutional challenge to Victoria's wage theft laws are arguing there is no inconsistency with the Fair Work Act that could void a criminal prosecution, in a case coinciding with the Albanese Government's plan to introduce federal sanctions of up to 10 years in prison and maximum fines of $8 million.
The FWC is not acting beyond its powers when it allows extra time for compulsory conciliation meetings when setting protection action ballot deadlines, a full bench has concluded.
A FWC full bench has upheld a finding that Qube Ports cannot retrospectively vary expired agreements that no longer cover it in an attempt to avoid a major lawsuit over deductions of "gap" payments from up to 1000 wharfies' remuneration.
A FWC full bench has acknowledged a railway station manager's "ambitious" claim that a member went "wholly outside" the available options when she upheld his sacking for failing to disclose serious criminal charges.
