Browsing: Case law


Menulog case underlines gig regulation challenges: Study

Academics say Menulog's abandoned bid for an on-demand delivery services award holds the clues to tensions and challenges likely to confront those attempting to establish the rules of the game for employee-like workers more broadly.


Union, employers seek common ground on nurses' pay

The FWC has listed the ANMF's nurses and midwives work value case for a conference early next month as the union and employers attempt to resolve outstanding issues, such as any phase-in arrangements, without the need for a full contested hearing.


FWO suffers rare fail mark in university case

In a significant ruling on calculating academics' payments for time spent marking course work, a Federal Court has found the FWO's compliance notice served on an allegedly underpaying private university "bad at law".


Put penalties case on ice while legislation progresses: SDA

The SDA has shot back at the ARA's claim that the FWC would be "abdicating" its duty if it delays a bid to reform penalty rates in the retail award ahead of mooted legislation, citing the Fair Work Act's commitment to upholding a stable system as reason to defer the matter.


Non-optimum deed enough to satisfy notice requirements

In a genuine redundancy ruling, the FWC has confirmed that it simply needs to consider whether employers have notified a retrenchment in writing, rather than whether they have provided notice in "the most optimum manner".


Real wage rise for "squeezed" award-reliant workers

The FWC's annual wage review expert panel has today granted a "sustainable" CPI-beating 3.5% rise in all award rates and the national minimum wage, emphasising that now the inflation genie is back in the bottle, it will no longer "defer" taking action to reverse the pandemic-driven reduction in real wages.


Sub-award deal creates unfair bargaining position: SDA

The SDA is challenging what it says is the FWC's failure to immediately terminate a long-expired substandard agreement, arguing that it did not properly consider the unfairness to workers when it allowed the deal to continue to operate for a further three months.


Annual wage review ruling on Tuesday

The FWC's annual wage review expert panel will hand down its 2024-25 ruling on Tuesday morning, after the newly-returned Albanese Government urged a real increase in the minimum wage and award rates, the ACTU sought a 4.5% rise and ACCI and AIG no more than 2.5% and 2.6% respectively.


Senior mine manager not award-covered: FWC

The FWC has found that a mine superintendent who "supervised supervisors" is not covered by the professional employees award and his pay exceeds the high income threshold, rendering him unable to pursue his unfair dismissal claim.


Hearings in October for crucial junior rates case

The FWC has set aside 17 days from October 20 and November 25 for a full bench to hear a major SDA challenge to junior rates in the retail, fast food and pharmacy awards, while Workplace Relations Minister Amanda Rishworth has responded to a call to weigh in.


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