Browsing: Case law | Page 22 (272 items)


Bench quashes pre-undertakings deal approval

An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.


Merivale class action targets "zombie" deal

A class action law firm claims an underpayments case on behalf of an estimated 8200 current and former hospitality workers reveals a widespread problem of employers relying on pre-Fair Work "zombie agreements" to undercut the award


BHP Coal required unreasonable overtime: Court

The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.




Employee status "not a box-checking exercise": Judge

The Federal Court has rejected a bid by the FWO and CFMMEU to upset a major labour hire company's treatment of workers as independent contractors, finding the service agreement signed by the parties transparently spelt out the true nature of their relationship.


Government should be driving equal remuneration: IRC

A NSW IRC full bench has in making equal remuneration orders delivering a 11% rise for education support workers called on governments to ensure worthy such cases are argued, rather than rely on unions "funded by a declining member base".


Employer's underpayment hit doubled for missing paperwork

In a decision reinforcing the need for employers to maintain timesheets, a court has more than doubled the restitution a family-run business must make despite questions of credibility about the sponsored couple claiming underpayments.


Assembling before pre-start meeting starts clock on work: FWC

In a significant decision on the nature of work, the FWC has ruled that employees required to attend a worksite assembly point by a prescribed time before being transported to a pre-start meeting should be paid for the intervening period.


Union calls on government to intervene in Deliveroo case

The TWU is calling for Federal Government intervention as it prepares to appoint a legal team to represent a non-member Deliveroo rider who launched a sham contracting test case claiming he should have been paid as a casual, rather than per delivery as an independent contractor.


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