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


FWC puts hospitality loaded rates firmly on menu

Higher-paid hospitality workers appear set to have their overtime and penalty payments rolled up into loaded rates after a FWC full bench yesterday provisionally supported employers' push to vary the sector's award.

New powers needed to deter serial litigants: FWC bench

An FWC full bench has called for the Commission to win stronger powers to curb "serial litigation", after it awarded indemnity costs against a worker who sought to overturn a failed four-year-old reclassification ruling.

Pubs tap FWC for loaded rates

Higher-paid hospitality workers' overtime and penalty payments would be rolled up into loaded rates under an award variation proposed by employers in response to COVID-19's impact on the industry.

Bench upholds construction shiftwork ruling

A traffic management company seeking a deal paying night workers shift loadings instead of higher overtime rates even if they don't take over from a preceding shift has lost its appeal bid after refusing to give an undertaking to overcome the deficiency.

Bench rules on casual terms in awards

A five-member FWC full bench led by President Iain Ross has today largely confirmed its provisional views on casual terms in modern awards.

Elite swimming coach covered by award: Appeal bench

A full Federal Court has opened the way for a former coach of national swimming champions to pursue a six-year underpayment claim after quashing a finding that an award did not cover his role as he was overqualified and worked at too high a level.

FWC favours renewing COVID-19 flexibility in key award

The FWC has tentatively decided, of its own motion, to reinstate a COVID-19 flexibility schedule to the graphic arts award, after it received an incompetent application from an industry representative body.

FWC endorses flexibility provisions in restaurant award

An FWC full bench has approved a Restaurant and Catering Industrial proposal to streamline restaurant award classifications, exempt higher-paid workers from key award conditions for more pay and introduce all-in allowances, but has provided for its fairness and efficiency to be reviewed after nine months.

FWO underpayment case should be scrapped: Recycler

The FWO "uncritically" accepted an employment agency's assertions about the correct award to apply to underpayment claims before prematurely issuing compliance notices, an employer alleges.

FWC bench invites comment on FDV leave research

Parties have been given until next Monday to provide feedback on questions being used to frame research commissioned by the FWC as part of its major review of family and domestic violence leave entitlements.