A full Federal Court has confirmed that homecare, disability and social workers should not be paid penalty rates for shifts immediately before or after sleepovers, four months after the FWC made draft award variations that will achieve the opposite.
The SDA is urging McDonald's to settle major rest breaks cases ahead of a lengthy hearing, as KFC and its franchisees agree to pay about $29 million to resolve a similar class action accusing them of denying proper breaks to tens of thousands of workers.
A FWC full bench has found that shiftworkers employed by a major stevedoring company are entitled to payment on top of their ordinary weekly wage if they are rostered off on a public holiday.
The Federal Court has found that the limits to the FWC's dispute resolution powers mean that its ruling about an agreement's new long service leave clause only applies to the worker that first raised the issue, rather than all covered employees.
The FWC has ruled that a Civmec electrical engineer who rejected an alternative role has no entitlement to a redundancy payment, finding the employer adequately explained its offer despite its "clumsy and at times misguided" approach.
A senior FWC member has tripled the compensation sought by a worker sacked after her mother called the employer to convey in "abrupt and firm" tones that it should stop insisting on documentary evidence of a close relative's sudden death before paying bereavement leave.
A public servant who claimed he should have received six weeks carer's leave to escort his frail father back to India for a specialist's appointment and physiotherapy has failed to convince a senior FWC member, who found no evidence to suggest he could not have been treated locally.
The MEU has sought High Court leave to intervene in the Coal LSL challenge to a finding that Orica's obligation to make contributions to the scheme on behalf of shotfirers ceased in 2022 when it sold a separate business providing services to underground mines.
An employer that underpaid an IT specialist it treated as a contractor for 14 years should have addressed the "uncertainty" involved, but its misdeeds nevertheless fell at "the lower end of the seriousness spectrum", a court has found in a penalty ruling.
The FWC has wiped-out the redundancy entitlements of two visa workers who shunned an alternative role that would have enabled them to keep working from their shared apartment.
