Browsing: Interpretation (80 items)


Courts and FWC differ over sleepover payments

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.


Pay academics for extra marking duties: Full Court

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.


Bench clarifies wharfies' public holiday payments

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.


FWC refuses to halt unilateral agreement change

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.


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 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.


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