Browsing: Case law | Page 4 (317 items)


Full court clarifies class action "gateway"

A full Federal Court has confirmed that class actions cannot start until members are correctly identified but can "transmogrify", after Adero Law conceded the definition contained in a store managers' claim against The Reject Shop left the group "empty".


End of road for BHP's SJSP challenge

The High Court has today refused BHP's bid to overturn a full Federal Court ruling that upheld same-job, same-pay orders against its OS in-house labour hire subsidiaries.


Big pay rise "vital" to compensate for Iran

The Australia Institute is urging the FWC to increase award and minimum wages by 7.5% to 11.1%, to "undo the damage" to real wages inflicted since the COVID-19 pandemic, and to compensate for the forthcoming cost of living increases caused by the Middle East conflict.


No interest in RBA decision suppression bid

A senior RBA employee appealing a failed backpay claim has also now had his bid for suppression of significant details of the FWC's decision rejected by a presidential member who observed that such applications should not be used to "qualify or recast" the tribunal's reasoning.


Junior rates decision eased by "practical" timeline: Employers

Employers have described today's FWC decision to abolish junior rates for 18 to 20-year-olds as "disappointing" and a "financial blow", as the tribunal conceded the likelihood of a negative effect on employment of workers as businesses adjust to increased labour costs.


$90K awarded in first workplace s-x harassment ruling

A café owner who kissed a married 23-year-old employee on the mouth as she washed dishes has been ordered to pay $90,000 in damages and penalties, in the first concluded workplace s-xual harassment case under 2023 amendments to the Fair Work Act.


5% rise critical for Indigenous workers in pay case: CIPW

FWC-ordered minimum wage increases play a "critical role" in "reducing entrenched, intersectional wage inequality" for Aboriginal workers, who are more likely to be award-reliant, the Centre for Indigenous People and Work says in what is likely the first annual wage review submission to focus solely on First Nations workers.


ACTU seeks $995 weekly minimum wage

The ACTU is seeking a 5% rise in award rates and the federal minimum wage to keep pace with cost-of-living pressures "that have gotten a lot tougher" with the fuel price rises from the Middle East war and interest rate hikes.


Courts and FWC differ over sleepover payments

A full Federal Court has confirmed that homecare, disability and social workers should not be paid penalty rates for shifts immediately before or after sleepovers, four months after the FWC made draft award variations that will achieve the opposite.


Major underpayment cases piling up as KFC offers $29M

The SDA is urging McDonald's to settle major rest breaks cases ahead of a lengthy hearing, as KFC and its franchisees agree to pay about $29 million to resolve a similar class action accusing them of denying proper breaks to tens of thousands of workers.


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