Browsing: Unfair contracts (33 items)


Uber's contract term mimics barristers' model: FWC

Uber's business model has withstood scrutiny in the first test under the Fair Work Act's new unfair contracts provisions to probe its use of the same "cab rank principle" that applies to barristers.


FWC decides first unfair contract case

A self-represented "drive in/drive out" adult entertainer has become the first to successfully test the FWC's new unfair contract powers, knocking out a term requiring her to forfeit all wages and commissions when she left an 1830-kilometre pub circuit due to safety concerns.


Uber contract test not about "speculative grievances": Driver

A self-represented Uber driver has fired back at attempts by the rideshare company to have the FWC throw out the first substantive test of its new unfair contracts powers, arguing that his application is based not on "desired terms or speculative grievances" but on "realworld" experience.


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".


"Strong case" to rein in restraint clauses: Stewart

An IR expert is anticipating a pre-election policy announcement tackling post-employment restraints, as new research reveals their chilling effect on job mobility, the financial toll on workers, and the struggle for those affected to understand and negotiate the restrictions.


FWC provides videos, primers ahead of Loopholes changes

The FWC has continued to update its information about employment law changes due to take effect next week, publishing new details about the Closing Loopholes No 2 Act impact on casuals, unfair contracts and gig workers.


Burke pledges to block double-dipping

Workplace Relations Minister Tony Burke intends to amend the Closing Loopholes No 2 legislation so that "employee-like" workers in the gig economy and in road transport cannot "double-dip" in the federal and state IR systems.


Court backs rare Premier's challenge to tribunal ruling

A palliative care doctor given 10 minutes' notice that his three-year fixed-term contract was to be succeeded by a six-month contract immediately lost his right to have a tribunal review the new offer, Tasmania's Supreme Court has held.


Macquarie Bank contests advisors' commission-only claim

The latest tranche of Macquarie Bank wealth advisors to sue for alleged underpayments continue to maintain they were paid under commission-only arrangements despite the bank's insistence this was paid on top of a base salary.


CSIRO "unjustly enriched" by sham arrangement: Scientist

A former CSIRO marine biologist is seeking more than $250,000 in alleged underpayments as part of a sham contracting and "unjust enrichment" case challenging its part-time work arrangements and use of unpaid visiting scientists.


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