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107 articles are classified in All Articles > Awards > Case law


Employee status "not a box-checking exercise": Judge

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.

Government should be driving equal remuneration: IRC

A NSW IRC full bench has in making equal remuneration orders delivering a 11% rise for education support workers called on governments to ensure worthy such cases are argued, rather than rely on unions "funded by a declining member base".

Casual teachers seek guaranteed daily work

Queensland Catholic school teachers are implementing work bans, their NSW counterparts have endorsed a novel measure to guarantee daily work for casuals and the employees of a Catholic school office are stopping work to fight for assurances on agreement coverage.

Undertakings might get MMS deal over line: FWC

In the latest stage of a long battle by power and mining unions against the approval of a "small cohort" non-union agreement for maintenance employees, the FWC has given Mechanical Maintenance Solutions Pty Ltd a chance to provide an undertaking to overcome its failure to ensure the deal was genuinely agreed.

FWO seeks to take piecework case to High Court

The Fair Work Ombudsman will seek special leave from the High Court to appeal a full Federal Court ruling on whether hundreds of casual mushroom workers on non-compliant piecework agreements are entitled by default to be paid hourly rates under the horticultural award.

HR manager's "vague" knowledge of employees' work hinders deal

A major employer has failed to apply the correct award in seeking approval for a new enterprise agreement covering two businesses, the FWC noting an HR manager involved in bargaining had "little to no knowledge" of the work performed by employees.

Split FWC bench upholds contentious labour hire deal

The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.

Pay equity settlement "to ripple across the nation": Union

As more than 18,000 NSW public school administrative and support staff vote on a settlement to their gender equity claim said to boost annual pay by up to $13,500, the PSA and Department of Education are nutting out the degree to which they will jointly acknowledge the gender element.


FWO secures fivefold increase in director's fine

In a decision vindicating the FWO's resistance to the grouping of multiple contraventions for the purpose of setting penalties, the workplace watchdog has won a fivefold increase in fines imposed on an underpaying company director.