Browsing: Court and tribunal decisions


"Wage loans" reduced pay below high income cap

The FWC has found that a company director fell below the high-income cap because he reduced his pay through "wage loans" when the business struggled and the loans amounted to debts rather than earnings, or payments that could not be determined in advance.


UFU pursuit of "attack" source flames out

The FWC has thrown out a UFU bid for dispute orders forcing Fire Rescue Victoria to "take sides" and reveal its role in a report to Victoria's Parliament that criticises an agreement clause requiring union consultation and "consensus" before implementing change.


"Irreparable harm" possible if restraints ignored: Court

As Labor makes non-compete clauses an election issue with a promise to ban them for workers earning less than $175,000 a year, a court has agreed that a major cleaning services company could suffer "irreparable harm" if not granted a temporary injunction to prevent a former manager from soliciting clients or poaching employees.


Power play ends with 17.5% spike for Transgrid workers

Transgrid workers have won pay rises totalling 17.5% over three years after the FWC on Friday provided closure on a hard-fought campaign by making an intractable bargaining determination splitting the difference between employer and union proposals.


Intentions exclude "coastal" depot workers from allowance

The FWC has refused to resolve a dispute about whether a remote locality allowance should be calculated on travel by road or "as the crow flies", but has determined, based on the parties' intentions, that a new Gladstone depot would not be covered by the allowance because it is "coastal" rather than remote.


Revivified NSW tribunal asserts its power

The NSW IRC has affirmed its ability to dictate the terms of a corrective Facebook post it forced the HSU to publish and has dismissed a claim that in heading off paramedics' industrial action, a senior tribunal member approached it on the basis that State IR laws don't "tolerate" it during conciliation.


Consent IBD granted as "sophisticated" parties spin wheels

The FWC has granted stevedore Qube an AWU-supported IBD to resolve, with no post-declaration negotiating period, an impasse over the pay rates, wage increases, sign-on bonus and income protection the union wants to secure in a new deal.


Tribunal scotches sacking for deleting emails, files

A property manager who returned home to down scotch and cokes with her sister following a panic attack during her working time has won $9,000 compensation, after the FWC found her real estate agent employer failed to establish that the hours-long drinking session coincided with her remotely accessing its IT system and deleting and forwarding her emails and other documents.


Fine increased for education department's job security breach

The ACT's education department must find an additional $8000 after a court increased penalties for breaching an agreement's job security terms in the case of a former public school teacher claiming she was unlawfully dismissed in 2016.


Expanded portable LSL scheme to hit employers

Thousands of businesses outside the building sector might be liable for millions of dollars in long service entitlements after a court finding that certain EnergyAustralia and Detector Inspector workers are captured by Victoria's portable LSL scheme, warns scheme authority LeavePlus.


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