Browsing: Case law



Qantas weighing appeal against JobKeeper ruling

Qantas is considering a challenge to a Federal Court interpretation today of JobKeeper payment rules that will require it to backpay employees who received penalty rates in arrears while covered by the wage subsidy scheme.


Coronavirus risks justify entry curbs, FWC rules

The CFMMEU's MUA division has failed to convince a senior FWC member that it is unreasonable to refuse entry to an offshore vessel to reduce the risk of COVID-19 transmission and to instead require it to use a landside meeting room.


Porter cool on small business award; & more

IR Minister cool on small business award; $20,000 penalty for blocking CFMMEU safety entry; and FWC to consider extending vehicle award flexibilities.


Employer told me to "rort" JobKeeper: Executive

A manufacturer's commercial manager has accused it of sacking him after he refused to "rort" JobKeeper, following an alleged instruction for employees to reduce sales figures so it could qualify for the scheme.


Retailer says sacked GM refused COVID-19 test

Noni B has hit back at claims it unlawfully failed to provide notice and accrued leave entitlements when it retrospectively sacked the general manager of Rockmans, accusing him of misconduct, cover-ups and refusing to undergo testing for COVID-19.


Umpire rejects bid for "COVID-care" allowance

A $5 an hour "COVID-19 care allowance" for disability workers attending to self-isolated and quarantining clients is unnecessary and likely to trigger a push to insert it into other health sector and aged care awards, according to an FWC full bench.


Award severance clause trumps incapacity provision: Bench

An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.


Redundancy genuine despite HR team's pratfalls

The FWC has accepted an employer's explanation that the "incompetency" of its HR team led it to advertising a redundant position less than two months later and subsequently inviting a former employee to "recommence" his role.


Senior tribunal member tiptoes through JobKeeper minefield

The FWC has refused to express a view on whether an NRMA-owned cruise operator should be able to withhold JobKeeper payments for a fortnight in which it provided more than $1500 in back pay due under a newly-approved deal.


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