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184 articles are classified in All Articles > Pay and remuneration > Case law


HR team "should have known better": FWC bench

A FWC full bench has slammed a public health provider's HR team for its "inappropriate" response to queries about late payment of 'nauseous work' and education allowances for an estimated 220 employees, concluding that the delay amounted to an underpayment capable of attracting a penalty.

$230M class action settlement a "seismic shift": Lawyers

Lawyers behind an underpayments class action on behalf of more than 20,000 junior doctors say a $230 million settlement reached with NSW Health is the largest in the nation's legal history and represents a "seismic shift".

Court backs FWC role in case that led to HR manager referral

In a significant judgment on the FWC's powers, a full Federal Court has today dismissed a major hospitality group's claim that a Commission bench exhibited bias when it voiced its concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.

Lowest award rate to be purely transitional: FWC bench

A FWC full bench has made a provisional ruling in favour of ensuring the lowest pay classification in modern awards is used only for a short period of induction and training, making the second lowest rate the benchmark for continuing employment.

"Gov lawyer" claim to be investigated

A café owner penalised for ignoring a FWO compliance notice has been referred to a legal profession regulator after variously describing herself as a "Commonwealth public prosecutions Lawyer" and "Gov lawyer" in emails to a court.

FWC laments "like it or lump it" extra hours scenario

The FWC has expressed dismay at a large aged care employer's "shift bidding" system in which it offers part-time workers extra hours only at ordinary pay, recommending instead that each employee get a chance to cap how many such shifts they are prepared to work without receiving overtime rates.

Maximum fine for diplomat who kept worker in "slave-like conditions"

A court has hit a former Indian High Commissioner with maximum fines for entrapping a worker in "powerless domestic servitude" in the guise of a diplomatic posting, paying her $9 daily to keep his palatial Canberra home 17.5 hours a day, seven days a week.

"It's time" say nurses seeking up to 35% pay lift

The ANMF is seeking pay rises of up to 35% for an estimated 250,000 nurses, nursing assistants and midwives as part of a work value claim intended to build on the wins of the related aged care case and extend the "recognition" to other healthcare settings.


Casual worker prompts clarification of award terms

A casual real estate agent's application has spurred the FWC to vary the industry's award to clarify working hours and associated car allowances, accepting evidence that he had not been paid for the time involved in travelling up to 100 kilometres directly from home to conduct open inspections.