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.
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.
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.
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.
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.
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.
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".
The FWC has found that a mine superintendent who "supervised supervisors" is not covered by the professional employees award and his pay exceeds the high income threshold, rendering him unable to pursue his unfair dismissal claim.
A full Federal Court majority has found that Orica is not obliged to make contributions to the black coal mining sector's portable long service leave scheme for its shotfirers, while Justice Adam Hatcher has demurred.
In a decision upending unions' understanding of what constitutes the base rate of pay under the pilots award and undoing an underpayments claim, the FWC has held that it does not include general wage-related allowances even where they form part of the minimum payment.
