Browsing: Case law


Heat turned up on franchisors in underpayment cases

The FWO has further tightened the screws on franchisors after the Federal Court agreed that it fell to Bakers Delight to disprove that it is liable for half of a liquidated franchisee's alleged underpayments of more than $1.2 million.



FWC threads the needle on aged care work-value rises

A FWC expert panel has decided to phase in work value pay rises for aged care nurses over three tranches from March next year to August 2026, rejecting a Federal Government call to spread it over four instalments between next July and October 2027, while its decision on classification structures has disappointed the ANMF.


Flawed explanations sink Subway franchisee deal

The FWC has refused to approve a Subway franchisee's proposed deal designed to replace a zombie agreement, finding it not genuinely agreed because the employer failed to adequately explain which allowances would be absorbed into the rate of pay, and that penalty and minimum rates would freeze for the life of the agreement.


Law firm chided over "enormous" class action costs

The Federal Court has criticised Shine Lawyers' "excessive" legal fees and "Rolls Royce" registration process while approving a settlement in a WA stolen wages class action set to leave group members with as little as $10,000 each.


Doctors' unpaid overtime "on no view inadvertent": Court

Lawyers involved in "wage theft" class actions on behalf of thousands of junior doctors says Victorian public health services might face tens of millions of dollars in fines after a court found one of them "expressly and brazenly" instructed trainees to perform unpaid overtime.


Bonus the right medicine for ex-pharmacy boss

The NSW Supreme Court has ruled that a former chief executive's settlement of a dispute over the termination of his employment contract did not end his entitlement to a bonus triggered by the sale of the company.


"Misleading" claims sink labour hire deal

A labour supplier has failed to win approval of a deal for casual black-coal mineworkers after making "misleading" claims of higher pay rises and telling the FWC they should be treated as "award free" when applying the BOOT.



25% pay boost under SJSP order

A full bench comprising the FWC's three most senior members has made same-job, same-pay orders that will increase wages for one labour supplier's workers at a Queensland meatworks by about 25% and provide "significantly higher rates" for a second supplier's workers at the same workplace.


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