Case law page 12 of 19

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


Macquarie Bank contests advisors' commission-only claim

The latest tranche of Macquarie Bank wealth advisors to sue for alleged underpayments continue to maintain they were paid under commission-only arrangements despite the bank's insistence this was paid on top of a base salary.

Union given "blunt" feedback over flawed FWC case

A senior FWC member has taken aim at a union for exhuming a member's five-year-old allowance grievance, observing that it risked its reputation by unenthusiastically pursuing such a "stale" and "obviously flawed" case.

"Hero" nurses on track for 3% pay hikes

The Victorian government has pledged to honour promised pay rises totalling 9% over four years to nurses and midwives working in the State's public health system, along with a "one-stop shop" for long service leave.

"Manipulation" risk in reversing virus pay cut: FWC

An employer that cut a manager's wages by 15% due to COVID-19, but then restored her old rate when it made her redundant, has failed to establish that her pay exceeded the high-income threshold because to do otherwise would allow "manipulation" to deny her the chance to challenge her dismissal.

BHP labour hire deals not genuinely agreed: FWC

BHP's attempt to win approval of two enterprise deals to entrench an in-house labour hire company that now employs more than 2000 workers across its mining operations has been dealt a major blow by an FWC full bench majority, which has ruled that its failure to properly explain pay arrangements meant the workforce did not genuinely agree.

No "presumption" penalty rate cut tied to minimum wage: Bench

The SDA has failed to head off a double whammy for retail workers whose Sunday penalty rates fall this week despite a delay to minimum wage increases, after an FWC full bench found there was no presumption they should be aligned.

Names on ballots didn't invalidate virus-driven vote: FWC

The FWC has let a construction company bin a 5% pay rise that came into effect in February plus next year's increase, despite CFMMEU evidence that some workers felt pressured to support the COVID-19 variation in a ballot that identified their vote.

High-earning manager can't contest sacking: FWC

A senior manager on a $240,000 annual remuneration package has failed to convince the FWC he is an award-covered employee protected from unfair dismissal.

Another dunking for offshore deal

A labour hire company's successor agreement has again failed to win approval from the FWC, despite an undertaking aimed at addressing a finding that it told workers their rates of pay would rise when they would actually fall.

CSIRO "unjustly enriched" by sham arrangement: Scientist

A former CSIRO marine biologist is seeking more than $250,000 in alleged underpayments as part of a sham contracting and "unjust enrichment" case challenging its part-time work arrangements and use of unpaid visiting scientists.