Browsing: Case law


FWC backs 10% wage hike for early childhood teachers

The IEU says an FWC full bench is supporting pay rises of up to 10% for early childhood teachers in a decision that finds an increase is justified on work value grounds but seeks more submissions on the capacity of state and federal governments to help fund it.


Court rejects bid to stymie Domino's class action

The Federal Court has today accused pizza chain Domino's of "exaggerating" its concerns about a major class action underpayments claim and has allowed it to proceed towards trial.


Woolworths slips own no-cost option into class action notice

Woolworths has succeeded in having reference to its own no-cost alternative inserted into an opt-out notice to be sent by law firm Adero to current and prospective class action members claiming underpayments estimated in the hundreds of millions.



Franchisor told franchisee it could pay flat rates: Court

Two franchisee directors of a Chatime bubble tea store have had most of their underpayment penalties suspended after a court accepted they acted on their franchisor's advice that they could pay age-based flat rates.


Managers didn't want to punch the clock, claims class action target

Australia's largest independent grocery retailer in defending a $20 million class action has admitted to breaching leave loading requirements, but otherwise denied it should have paid salaried employees for extra hours or recorded their additional time.


Employers embrace expansive loaded rates agenda

The Australian Hotels Association has proposed ahead of further conferences next week in the loaded rates case that the FWC extend the range of ordinary working hours when it considers simplified pay arrangements for the hospitality and retail sectors.


Tribunal backs workers after virus-driven stand down

The FWC has ordered an aged care provider to restore leave days to employees it directed to stay away from work over COVID-19 transmission fears, observing "it's just the right thing to do".


MacBank's defective pay system an easy spot: Court

Macquarie Bank's HR department designed a defective pay system that a competent IR lawyer would have quickly identified, the Federal Circuit Court has held in fining the bank $330,000 on top of $1.3 million in compensation owing to wealth advisors.


Serial underpayer slugged $230K in first "serious contravention" case

The FWO has won its first "serious contravention" penalties three years after the provisions were added to the Fair Work Act, a café and its former general manager fined a total of $230,000 on their second visit to court for underpaying workers.


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