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57 articles are classified in All Articles > Pay and remuneration > 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".

Employer's underpayment hit doubled for missing paperwork

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.

Assembling before pre-start meeting starts clock on work: FWC

In a significant decision on the nature of work, the FWC has ruled that employees required to attend a worksite assembly point by a prescribed time before being transported to a pre-start meeting should be paid for the intervening period.

Union calls on government to intervene in Deliveroo case

The TWU is calling for Federal Government intervention as it prepares to appoint a legal team to represent a non-member Deliveroo rider who launched a sham contracting test case claiming he should have been paid as a casual, rather than per delivery as an independent contractor.

Court rejects $120K overtime claim based on "merged" jobs

A council employee who worked back-to-back shifts alternating as a fitness instructor and customer service officer at a health centre has failed to establish an overtime claim based on cumulative hours when both jobs "merged".

Blind worker settles wage-calculation challenge

A disability employment services provider has reached an undisclosed settlement with a legally-blind worker in the Federal Court after he challenged the fairness of an assessment tool used to set his wage.

Judge's "hostility" towards employer cruels landmark FWO case

A landmark contempt finding and accompanying jail sentence hailed as proof of the FWO's commitment to justice has been overturned by a full Federal Court that found the ruling judge's "open" hostility to the underpaying employer compromised his ability to consider the evidence.

FWO targets toy store to test serious breach provisions

The FWO has launched a test case against the operator of a pop-up toy store, seeking to reverse the onus of proof for underpayments and rely for the first time on serious contraventions provisions that potentially expose the company and its director to 10 times the ordinary maximum penalties.