Unfair contracts page 2 of 3

27 articles are classified in All Articles > Legal > Unfair contracts



Court green-lights sham contracting class action

A class action alleging sham contracting against a major marketing agency will proceed after a court dismissed arguments that it was impossible to rule on the employment status of more than 1000 claimants without examining their individual circumstances.

Uber not an employer, says FWC

An Uber driver's failure to convince the FWC that he is an employee is unlikely to deter other challenges according to an academic, while the case raises questions as to whether traditional legal tests can be applied to the gig economy.


Ambassador's bodyguard employed on sham contract, union alleges

A security company must provide United Voice with internal correspondence about its practice of engaging contractors and employees, as the union pursues it for allegedly employing two embassy guards on sham contracts and sacking them when they refused to waive legal rights.

FWC approves agreement with detrimental suspension clause

The FWC has approved a new agreement that permits poultry giant Inghams to suspend workers without pay for up to three days during investigations into misconduct, after it found any detriment when compared with the award is outweighed by the deal's benefits.

CFO's restraint clause too broad: Court

Restraint of trade clauses preventing a chief financial officer from jumping ship and working at a rival fashion retailer were broader than what was reasonable to protect the employer's legitimate interests, a court has found.

Consulates can't circumvent Australian IR laws: Court

An appeal by an Italian consulate over disputed annual leave and superannuation entitlements has failed after a court ruled it was not immune from proceedings brought under Australian law.

Sacking unfair for sharing pic of colleague's contract

An employer unfairly dismissed an underpaid 457 visa worker for sharing photos of a properly-remunerated colleague's employment contract, but the FWC has refused him compensation, ruling he did not suffer financially because of his successful workers' compensation claim.