Browsing: Interpretation (76 items)


Employer can't unilaterally amend hours: FWC

The FWC has upbraided an early learning facility for seeking to override a part-time employee's right to predictable hours that the employer found "commercially or operationally inconvenient".


MEU offers hand in High Court long service case

The MEU has sought High Court leave to intervene in the Coal LSL's challenge to a finding that Orica's obligation to make contributions to the scheme on behalf of shotfirers ceased in 2022 when it sold a separate business providing services to underground mines.


Bench floats altering deal if undertakings declined

A FWC full bench is giving an employer time to reconsider its refusal to provide an undertaking, while the tribunal contemplates using its new powers to unilaterally alter agreements, after finding on appeal that a recently-approved deal failed the BOOT.


"Pay equity" does not require "amputating" senior men

An employer repudiated the contracts of male managers and dismissed them when it reduced their classification levels and wages to parity with female co-workers for "pay equity" reasons, as the demotions involved substantial reductions in remuneration, the FWC has found.


Court slugs BHP in 'holiday request' case

BHP's in-house labour hire company has been fined $15,000 and ordered to pay 85 production employees between $800 and $2400 each in compensation for unreasonably requiring them to work across Christmas holidays.


Special leave for coal long service case

The Federal Government's long service leave scheme for the black coal industry has won special leave from the High Court to challenge a full Federal Court judgment that it says has significant implications for the LSL eligibility of shotfiring and explosive services workers.


Underpayment ruling highlights unwieldy awards: Stewart

The implications of the Federal Court's retail underpayments decision are only starting to be understood, with employment law academic Andrew Stewart warning of the significent consequences of its redefinition of employer record-keeping obligations and findings on proving workers' agreement to vary award conditions.


Employers enjoy win in sleepover pay case

In a judgment that will ripple through a FWC case considering the way homecare, disability and social workers are paid for shifts immediately before or after sleepovers, the Federal Court has rejected FWO arguments that penalty rates should apply.


Stockbrokers award-free, court affirms on appeal

The Federal Court has overturned a ruling that would have upset the commission-based pay arrangements for stockbrokers and financial advisors, finding an Ord Minnett advisor had been award-free.


FWO suffers rare fail mark in university case

In a significant ruling on calculating academics' payments for time spent marking course work, a Federal Court has found the FWO's compliance notice served on an allegedly underpaying private university "bad at law".


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