Browsing: Common law individual contracts


Court refuses to transfer senior ATO manager's GP case

The Australian Tax Office has failed to win a transfer to the Federal Court of a deputy commissioner's adverse action claim against it and senior executives including its chief people officer, after his sacking for underperformance.


Last lap for dancer found to be contractor

A lap dancer who worked in a club in Brisbane's Fortitude Valley cannot proceed with her general protections claim after the FWC found she is an independent contractor.


Court enables restraint challenge to be heard in Australia

A recruitment company leader seeking to challenge the restraints in his employment contract and a shareholder agreement has been allowed to continue the case in NSW, after related entities in Great Britain failed to convince the Federal Court to stay the matter because of an exclusive jurisdiction clause.


Case threatens a "radical departure" from notion of work: Employer

The charity defending a High Court case with the potential to extend duty of care to the disciplining and sacking of workers has warned that overturning a 115-year-old precedent would "disturb the allocation of risk" in every current employment contract.


Unions call for increased loading, leave for casuals

The ACTU is calling for a boost to casuals' loading, leave entitlements and roster stability, plus the scrapping of individual flexibility agreements, in a submission to the FWC's job security modern awards review, while the ASU and FAAA are seeking an overhaul of airline cabin crew and ground staff awards.


Burke lays out year's IR agenda

The Albanese Government will soon introduce further IR legislation to include superannuation payments in the National Employment Standards (NES), clarify coverage of temporary migrant workers and ensure stronger access to unpaid parental leave.


High Court timetables Personnel Contracting, Ridd cases

The High Court is likely to hear the Personnel Contracting/ZG Operations and Ridd cases in the second half of the year, after setting timetables for submissions to be completed by early June.


Uber Eats' new contracts a sign entering "dangerous territory": Stewart

Uber Eats says a new delivery partner contract is part of a dramatic restructure under which it is simplifying by selling its services directly to "eaters", but a leading IR academic says it has been forced into a tactical retreat after recent court proceedings went "terribly".


Lloyd claims "no real change" in revised APS policy

APS Commissioner John Lloyd denies that a new public sector bargaining policy contains an added push towards individual flexibility arrangements, but the CPSU says its "explicit encouragement" along with the extension of a 2% pay rise cap undermines bargaining, wages and conditions.


Religious law has ultimate power in employment contract: Court

A Supreme Court has reaffirmed the force of religious laws within employment contracts, restraining administrators at a cash-strapped Sydney synagogue from dismissing a rabbi after finding that his engagement conferred lifetime tenure under Orthodox Jewish law.


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