Browsing: Case law


ATO not obliged to offer worker unlimited tax break: FWC

The FWC has declined to interfere with the ATO's decision to refuse a worker absent more than 248 days in a year access to unpaid personal leave, observing that its enterprise agreement did not provide an "unfettered" right to such time off.


Doctors' unpaid overtime "on no view inadvertent": Court

Lawyers involved in "wage theft" class actions on behalf of thousands of junior doctors says Victorian public health services might face tens of millions of dollars in fines after a court found one of them "expressly and brazenly" instructed trainees to perform unpaid overtime.


FWC asked to "fix up" road transport contract chains

The TWU has filed the last of its promised applications aimed at overhauling standards in the road transport industry, asking the FWC to make a contractual chain order imposing 30-day payment deadlines and compulsory rate reviews, while prohibiting unfair "set-off" terms.



Peabody wins special leave to challenge "genuine redundancy" ruling

Mining giant Peabody has won special leave from the High Court to challenge a full Federal Court finding that it did not genuinely make workers redundant when it failed to consider whether it could redeploy workers to jobs performed by contractors.



Initial hearing next month for crucial WFH award case

FWC president Adam Hatcher will convene a directions hearing next month into the Commission's own-initiative case to develop a "workable" award clause that removes impediments to working from home.


$15 million fine for deliberately fleecing migrant workers

The Federal Court has imposed a record penalty on a sushi restaurant chain to "disabuse" employers of the notion that penalties for underpayments are "an acceptable cost of doing business" and recommended that the Fair Work Ombudsman refer its chief executive's potential flouting of tax and migration laws to the ATO, Department of Home Affairs and ASIC.



RtD term lacks "practical detail": ACTU

The ACTU is recommending the FWC include more "practical detail" in its draft "right to disconnect" award term, to "spell out" what the Commission will consider when it determines whether or not a refusal is unreasonable and is also proposing a review in 12 months.


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