Browsing: Case law


Union, employers seek common ground on nurses' pay

The FWC has listed the ANMF's nurses and midwives work value case for a conference early next month as the union and employers attempt to resolve outstanding issues, such as any phase-in arrangements, without the need for a full contested hearing.


FWO suffers rare fail mark in university case

In a significant ruling on calculating academics' payments for time spent marking course work, a Federal Court has found the FWO's compliance notice served on an allegedly underpaying private university "bad at law".


SJSP orders not unfair, unreasonable: FWC

A former Labor MP and current FWC deputy president has, after fending off another recusal application, dismissed claims it would be unfair, unreasonable or unconstitutional to grant same-job, same-pay orders lifting the pay of on-hire workers at a Whitehaven coal mine by up to $30,000 a year.


Full court unsettles $40M underpayment claim

A full Federal Court has cast doubt over a $40 million underpayments case after ruling that a FWC presidential member and a bench led by president Adam Hatcher failed to properly consider an employer's arguments about the improbability of penalty rates not already being wrapped up in loaded rates paid under two agreements.


Real wage rise for "squeezed" award-reliant workers

The FWC's annual wage review expert panel has today granted a "sustainable" CPI-beating 3.5% rise in all award rates and the national minimum wage, emphasising that now the inflation genie is back in the bottle, it will no longer "defer" taking action to reverse the pandemic-driven reduction in real wages.


Annual wage review ruling on Tuesday

The FWC's annual wage review expert panel will hand down its 2024-25 ruling on Tuesday morning, after the newly-returned Albanese Government urged a real increase in the minimum wage and award rates, the ACTU sought a 4.5% rise and ACCI and AIG no more than 2.5% and 2.6% respectively.


Deliver sustainable real wage rise: Albanese Government

The second-term Albanese Government has today delivered on a key election promise, asking the FWC's Annual Wage Review bench to grant an "economically sustainable" real increase in the minimum wage and award rates.


Fairness trumps damage to labour suppliers: FWC

The FWC has made SJSP orders putting WorkPac and Skilled on-hire production operators at a Glencore coal mine in line for substantial pay rises despite accepting it might make labour supply contracts "wholly unviable" and result in job losses.


Limited undertakings not enough to clinch Grill'd deal

Burger chain Grill'd has failed to convince the FWC to approve its enterprise deal, after offering undertakings that would have left some workers $3.10 better off a week, up from 77 cents, while the SDA is seeking to terminate 15 of the company's agreements and is asking it to return to the bargaining table.


Mentoring all part of the job: Court

The Federal Court has rescinded a windfall for three emergency-call operators who stood to be reimbursed for years of unpaid mentoring allowances, after determining a lower court failed to account for training payments already made under the governing agreements.


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