Browsing: Case law (300 items)


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.


Bargaining no reason to delay SJSP orders: FWC

Bargaining for a new host agreement and negotiating contracts with labour-hire companies does not justify a "lengthy" delay for same-job, same-pay orders, the FWC has ruled.


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.


Aldi on-hire workers to enjoy big pay hike

The FWC is set to make a same-job, same-pay order covering on-hire casual de-stuffers at an Aldi distribution centre that will see their 25% loading and any allowances paid on top of a "loaded" base rate paid to permanent workers.


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.


Warning of childcare worker "pay cliff"

As thousands of early childhood education and care workers prepare to walk out over feared pay cuts of between 4% and 15% when their taxpayer-funded retention scheme expires in November, the federal minister responsible is declining to provide certainty on the government's future intentions.


Annualised allowances can't be cut during stoppages: AWU

In a case testing the extent to which employers can withhold pay during protected industrial action, the Federal Court today conducted a hearing into the AWU's claim that Chevron unlawfully deducted loading and allowances from workers during stoppages at its WA facilities.


Stay unfair to on-hire workers: FWC

The FWC has refused to stay same-job, same-pay orders pending an appeal in June, because it would deny new workers increased pay, after poultry processing company Bartter switched labour-hire providers shortly after the tribunal made orders.


High Court asked to assess marking case

In what the NTEU has called a "new low" in tertiary education sector underpayment cases, Torrens University is seeking permission from the High Court to challenge last month's full court finding that casual academics should be paid for marking assessments not directly related to particular lectures or tutorials.


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