A FWC full bench has spelled out that it will not extend the term of zombie Australian Workplace Agreements due to be axed on December 7 just because it is sought by both the employer and workers.
A court has refused to grant an interlocutory injunction restraining a lawyer from working in a large regional area while his former firm seeks to enforce a contractual two-year ban, instead accepting an undertaking after observing the legal practice did not have a strong case.
The Federal Circuit Court is set to dismiss an a bid to determine whether a former Deliveroo food delivery driver is a casual employee or a contractor, following the company's decision last year to cease operations in Australia.
In finding a worker with an oral contract an independent contractor, the FWC has affirmed that the principles of Personnel Contracting apply whether the contract is written, oral or some combination and has suggested that the previously-used "multifactorial approach" didn't necessarily cause "chaos", but created "legal and commercial uncertainty".
A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.
In an important decision holding that a largely unpaid advisor was a tech start-up's employee rather than an independent contractor, the FWC has relied on the in-principle acceptance of his "far from comprehensive" proposal and the way in which the contract was performed.
A 20% pay cut imposed on a general manager while his employer shut its doors due to COVID-19 restrictions breached his contract and did not qualify as a JobKeeper-enabling direction, WA's IRC has held.
The High Court has affirmed the primacy of contractual terms in determining employment relationships, finding a construction worker was an employee of a labour hire company and that two truck drivers were independent contractors despite decades of exclusive service to a solitary business.
IR academics say the High Court's "revolutionary" approach in Rossato signals an intention to rewrite the rules for determining employment status, with potentially dire consequences for gig workers and others seeking to challenge their characterisation.
The Fair Work Commission has declared a provisional view that it will agree to Telstra's request to terminate thousands of so-called "zombie" statutory individual agreements from the Work Choices era.
