Browsing: Case law


FWC decision offers guidance on stand-downs

In a significant decision examining how employers can lawfully assess "useful work" when standing down employees, the FWC has ruled a pandemic-affected cruise operator acted "upon proper principles" when transferring some of a superintendent's duties to others.


Approach to JobKeeper unreasonable: FWC

The FWC has found it unreasonable of Qantas to only pay the equivalent of two fortnightly JobKeeper payments to a monthly paid manager who worked for part of the period, in a decision the ASU wants applied to the rest of its workforce.


Qantas JobKeeper appeal thrown out

Qantas has failed in its challenge to FWC powers to review how it applied the JobKeeper scheme to a worker claiming he was short-changed, a full bench finding among other reasons that the airline's characterisation of the dispute was "somewhat artificial".


Potential "wide ramifications" in court's stand-down ruling

In a matter a judge has speculated could have "wide ramifications" regarding stand-downs, Qantas and Jetstar have won an injunction stopping the FWC from arbitrating a dispute concerning hundreds of engineers rendered idle by the pandemic.


McDonald's granted award flexibility to help "weather storm"

More than 200,000 award-covered fast food industry workers face temporary cuts to part-time hours and reduced overtime penalties under fiercely-contested, pandemic-related changes approved by an FWC full bench.


No sick leave obligation after COVID-19 stand downs: Court

Unions are calling on Qantas to permit sick workers to continue accessing paid personal leave entitlements while stood down due to the coronavirus, despite the Federal Court ruling today that it is not obliged to do so.


"Outraged" whistle blowers take their case to FWC

National Rugby League referees have for the second time in two years found themselves before the FWC as they contest a decision to cut from two to one the number officiating games from the competition's planned re-start on May 28.


Qantas seeks clamp on FWC arbitrating engineer dispute

Qantas and Jetstar are seeking a Federal Court injunction stopping the FWC from arbitrating a dispute over the stand-down of hundreds of licenced aircraft maintenance engineers, plus declarations that it was outside their control.


First Jobkeeper dispute decision goes against employee

A stood down part-time employee receiving double her usual wage on the JobKeeper scheme unreasonably refused a request to use up one day's annual leave each week over 16 weeks, the FWC has found.



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