An employer could face a ninefold increase in fines ordered by the Federal Circuit Court after the FWO successfully appealed the judgment on the basis that it wrongly grouped contraventions as a single course of action.
An Uber driver's failure to convince the FWC that he is an employee is unlikely to deter other challenges according to an academic, while the case raises questions as to whether traditional legal tests can be applied to the gig economy.
The Federal Court has today dismissed an application by Employment Minister Michaelia Cash to set aside a subpoena served on her by the AWU over the Federal Police raids on the union offices in October.
Two employees have had to forego more than $9000 in redundancy entitlements after the FWC accepted a financially-distressed employer could not meet the cost of liquidating his business in order to qualify for the federal government's Fair Entitlements Guarantee scheme.
The Federal Circuit Court should have let a dismissed employee correct the name of her employer in a general protections claim even though it was wrong on the FWC's s368 certificate, the Federal Court has ruled.
An FWC full bench's decision to refuse an employer's appeal might have involved a significant procedural error, but a senior member's "terse" exchange with the company's counsel did not support a charge of bias, a court has found.
An FWC full bench has quashed a finding that the terms of CSL's agreement did not empower the Commission to resolve a dispute about the payment of shift penalties, holding that the deal does not stop the employer moving from an averaging system to a "time worked" regime.
The FWC has opened the way for an on-hire casual employee to challenge his dismissal, after rejecting a labour hire company's jurisdictional objection that he could have no reasonable expectation of continuing employment, or was engaged for a specified task which came to an end.
In the first appeal against a Registered Organisations Commission decision, an FWC full bench has quashed the watchdog's refusal to grant a union more time to submit election information and observed that its approach to defending the case could imply "a lack of impartiality".
The ramifications of recent legislative changes requiring employers to disprove employees' records of hours worked in wage claim cases have been spelt out in a court decision imposing penalties of more than $120,000 on a company and its director for underpaying an apprentice.
