Case law page 2 of 19

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


SDA wins coverage in new Subway deal

A FWC full bench led by President Adam Hatcher has granted the SDA coverage in a deal capturing six Subway stores after the union successfully challenged approval of an agreement replacing a 17-year-old deal due to be automatically axed in December.

Court holds accountants to account for withholding records

An accountancy firm and its principal must pay penalties totalling almost $70,000 for failing to comply with FWO notices to produce documents linked to to its client's "grossly inadequate" employee record-keeping.

Judge issues warning on director's telehealth sick note

A judge has held that an "instant" online script did not excuse an underpaying employer from having to attend a penalty hearing, while also warning that in future the court is unlikely to accept certificates from providers using the model adopted by the Wesfarmers-owned service.

FWO steps up pursuit of underpaying economist

A court has issued rare orders compelling a former economics professor to face FWO questions under oath about his capacity to pay penalties and compensation arising from underpayment judgments handed down in 2019 and 2020.

Court rejects director's bid to save on lawyers

A director's argument that he is well qualified to represent his company in an underpayments case has fallen flat, a court citing a "lack of objectivity" as being among the reasons to reject the proposition.

Tears for onion farmer seeking zombie deal extension

A FWC full bench has refused to extend a farm's 16-year-old deal for 12 weeks beyond next month's sunsetting of zombie agreements, describing the application as an effort to pay below-award rates for "one more" onion-picking season.

Employer fined $160K for failing to pay out annual leave

A judge has declined to bundle together an employer's various workplace breaches in ordering it to pay $163,000 in fines to a former worker for stripping his severance pay of more than 500 accumulated annual leave hours.


SDA chided for "suboptimal" approach to McDonald's class action

A judge who rejected a SDA bid to prioritise its breaks case against McDonald's by staying an earlier RAFFWU-backed class action has contrasted the "lacklustre and misdirected approach" of the country's second-largest union with that of the unregistered, seven-year-old union and its lawyers.

Court reels in Bondi Rescue producer's bid for more severance pay

A Channel 10 executive producer has failed to convince the Federal Court that the broadcaster should have paid her an extra $400,000 under its significantly more generous enterprise agreement redundancy pay provisions, rather than the NES entitlement she received.