Browsing: Case law | Page 2 (430 items)


Hatcher to correct "nonsensical" award clause

The FWC is seeking feedback on a provisional view that it should correct a "clearly nonsensical" proposition in the Hydrocarbons Award that overpayments can only be deducted from workers' wages if they are stood down due to a storm or cyclone.


Bench sharpens understanding of redundancy obligations

A FWC full bench has affirmed that small businesses have the same obligations as large employers when consulting over redundancies, throwing out a tile importer's appeal against orders to pay more than $30,000 to a former sales representative.



Clerks, banking award variations back on agenda

Unions have failed to convince FWC President Adam Hatcher that last year's legislation "protecting" penalty rates and overtime is "fatal" to employer cases seeking to vary the clerks and banking awards, with the joined matters referred to a full bench.


Ruling delivers "powerful message" to harassers

In the first fully contested Federal Court case to consider new s-xual harassment protections in the Fair Work Act, a judge has relied heavily on a FIFO apprentice's dinnertime revelation to her parents that her supervisor asked her for a "bl-w job" to find he s-xually harassed her.


ASU pitches 35% work value pay rise

The ASU will today seek a 35% work value pay rise for 300,000 SCHADS award-covered community and disability workers, following a two-year pause after the FWC refused to integrate it within the tribunal's broader gender-based undervaluation case.


FWC unveils "vastly different" SCHADS award

Most disability, home care, social and community services workers will from October next year be covered by a "vastly different" award providing pay rises of up to 27%, following yesterday's decision by a FWC expert panel considering gender undervaluation in highly-feminised sectors.


Panel delivers 4.75% rise in award rates

The FWC's annual wage review expert panel has today granted a below-inflation 4.75% rise in all award rates, after "regrettably" concluding it would not be "practicable or responsible" to order a larger increase in the current "uncertain" economic conditions.



Underpayment penalties failing as deterrent: Judge

A former FWO chief counsel-turned judge has taken an axe to the workplace regulator's belief in penalties as a general deterrent, expressing astonishment at its "staggering" pursuit of a $21,000 fine against an employer who quickly coughed up a $976 underpayment once a junior worker provided proof of their age.


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