A Federal Court majority has quashed a finding that the Black Coal Award requires BHP's Operations Services in-house labour hire arm to give its workforce two common public holidays off each year, and to cap shifts at 10 hours unless most employees agree to additional hours at overtime rates.
In what the NTEU has called a "new low" in tertiary education sector underpayment cases, Torrens University is seeking permission from the High Court to challenge last month's full court finding that casual academics should be paid for marking assessments not directly related to particular lectures or tutorials.
A full Federal Court has confirmed that class actions cannot start until members are correctly identified but can "transmogrify", after Adero Law conceded the definition contained in a store managers' claim against The Reject Shop left the group "empty".
The former executive manager of an "effectively insolvent" disability services provider sacked while on workers compensation has been awarded $20,000, after the FWC found an administrator reached an "uninformed view" her job could be performed by subordinates.
A full Federal Court has confirmed that homecare, disability and social workers should not be paid penalty rates for shifts immediately before or after sleepovers, four months after the FWC made draft award variations that will achieve the opposite.
In a significant judgment on tertiary education sector pay, a full Federal Court has today found that under the academic staff award, a casual lecturer should have been paid for time spent marking assessments not directly related to particular lectures or tutorials.
A FWC full bench has found that shiftworkers employed by a major stevedoring company are entitled to payment on top of their ordinary weekly wage if they are rostered off on a public holiday.
The FWC has refused to stay a senior member's proposal to unilaterally alter an education and care provider's agreement to boost the pay of service leaders, rejecting the employer's claim that it will cause confusion and resentment if its appeal later succeeds.
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".
The MEU has sought High Court leave to intervene in the Coal LSL 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.
