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Aiding recruitment process not "obtaining" new role: FWC

The FWC has refused to reduce a worker's 16-week redundancy payment after finding that when it comes to determining whether an employer has offered "other acceptable employment", assisting with identifying alternatives "falls short" of procuring a new role.


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.



Bench holds line on cocaine reinstatement

A FWC full bench has upheld the reinstatement of a wharfie who tested positive for cocaine, rejecting employer arguments that the Commission's approach to appeals is "broadly wrong" and should involve reassessing a case rather than searching for errors in the original decision.


SJSP orders in crucial BHP test case

On-hire workers employed by BHP's in-house labour provider and its external suppliers have today won same-job, same-pay orders, after a FWC full bench rejected arguments that the service provider exemption and a "fair and reasonable" requirement stood in the way.


FWC to weigh whether Uber contracts "unfair"

In what stands as the FWC's first substantive scrutiny of gig economy contracts under new laws, an Uber driver is seeking $50,000 compensation and multiple changes after claiming that app malfunctions unfairly shift the burden of lost revenue and that opaque processes for investigating misconduct allegations create a "power imbalance".



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.


Work for multiple Uber entities counts in deactivation case

In the first jurisdictional objection win for a worker claiming unfair deactivation, the FWC has ruled that Uber and Uber Eats are one and the same, finding a worker can pursue his application because he cumulatively performed delivery and driving work for Uber for more than six months.


SJSP bid aims to close $80,000 Gorgon pay gap

The ETU says same-job, same-pay orders it is seeking at Chevron's Barrow Island LNG facility in WA could lift wages of labour hire workers by a mammoth $80,000 a year.


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