The litigation funder behind a swathe of casuals class actions is challenging a requirement to cough up more than $3 million in security for the potential costs of two of them, arguing it would set a higher bar for employment-related class actions and eat into workers' returns.
FWO celebrations over winning almost $400,000 in penalties against a travel company and its director for cash-back arrangements have been tempered by a court's observation that it might have been wise to secure immunity for the two visa-seeking workers concerned before initiating litigation.
The Federal Court has rejected a bid by the FWO and CFMMEU to upset a major labour hire company's treatment of workers as independent contractors, finding the service agreement signed by the parties transparently spelt out the true nature of their relationship.
A judge has ordered more than $200,000 in compensation and penalties against two underpaying former company directors at the same time as roundly rejecting FWO attempts to characterise the dental technician involved as a "vulnerable" visa-holder.
A peak employer body has lost a lengthy battle to reclaim millions of dollars in payroll tax on the basis of its charity status, a court finding the network's model "primarily focused on serving the self-interest of its members" rather than promoting a stronger economy for everyone.
A company "motivated by malice" when it forged documents to cut the leave balance of a chief operating officer it perceived as "a thorn in its side" has been ordered to pay $250,000 in penalties and unpaid entitlements.
The CFMMEU has taken a leaf from the ABCC's playbook by invoking the High Court's 'personal payments order' decision in arguing penalties levied against an underpaying, bankrupt former director of a liquidated company should discourage such practices from being considered as "simply the cost of doing business".
In a decision reinforcing the need for employers to maintain timesheets, a court has more than doubled the restitution a family-run business must make despite questions of credibility about the sponsored couple claiming underpayments.
Ahead of Federal Court hearings into ABCC claims that two CFMMEU officials breached entry laws at a Melbourne freeway project in 2017, the union is suing the head contractor and its IR manager for obstructing their efforts to investigate suspected safety breaches.