Browsing: Case law | Page 3 (272 items)


BHP's SJSP orders would subvert scheme's purpose: Bench

A FWC full bench has today rejected a bid by BHP Coal and its OS entities to issue highly-specific, restrictive orders to give effect to July's landmark same-job, same-pay decision for the resource giant's Bowen Basin coal mines, warning that the proposed descriptions of those covered could undermine the scheme's purpose and be "swiftly evaded".


Qantas subsidiary finally lands IBD

Days after the High Court refused permission to appeal a key decision recognising standby duty as paid work, a FWC full bench has weighed its implications for a Qantas subsidiary's long-awaited intractable bargaining workplace determination.


Proposed four-year Grill'd deal offers 1% annual rises

Burger chain Grill'd is making its second attempt to win approval of a national agreement, while the SDA's application to terminate the nominally expired deal depriving workers of award entitlements remains unresolved.


Chronic pay failure a constructive dismissal: FWC

An employer that owes a worker more than $9000 in unpaid wages constructively dismissed her by underpaying her and consistently failing to pay her on time, if at all, the FWC has ruled, ordering it to pay $27,425 compensation.


"Cavalier" time theft didn't justify sacking: FWC

A union delegate's "at best negligent and at worst foolhardy" practice of filling in his timesheets inaccurately did not warrant his summary dismissal, because his employer failed to establish that he deliberately set out to deceive it, the FWC has found.


No merit in AAT member's "double-dipping" case: Court

The Federal Court has slammed the door shut on quasi-judicial officeholders earning income for comparable part-time roles in foreign countries, rejecting a former AAT senior member and Labor senator's bid for almost five months' pay following her appointment to a UK appeals tribunal..


Steggles SJSP resistance just didn't cut it: FWC

The FWC has rejected a host employer's argument that de-boning chickens is specialist work that would fall under the service provision exception, and has made same-job, same-pay orders covering two labour-hire companies that provide workers to a poultry processing plant.


Judge seeks "urgent reform" to spur compliance

A Federal Circuit and Family Court judge has urged the Albanese Government to "substantially" increase penalties for failing to engage with compliance notices and to empower the FWO to seek the removal of directors, to prevent recidivism and deter directors and companies from ignoring notices.


"Cold-hearted" HR manager behind unlawful sacking: Court

A HR manager opportunistically accused a disgruntled employee of leaking confidential information to "put the blow-torch" to him over his dogged pursuit of underpayments, a court has found.


Employers enjoy win in sleepover pay case

In a judgment that will ripple through a FWC case considering the way homecare, disability and social workers are paid for shifts immediately before or after sleepovers, the Federal Court has rejected FWO arguments that penalty rates should apply.


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