Pay and conditions page 13 of 39

384 articles are classified in All Articles > Compliance > Pay and conditions


DJ not in tune with award: Court

The Federal Circuit Court has expressed "hesitation and regret" in accepting that while a DJ was a casual rather than an independent contractor, his underpayments claim must fail as his work was not covered by an award.

Award severance clause trumps incapacity provision: Bench

An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.

IBM's pay regime didn't compute: FWO

IT giant IBM has backpaid about 1650 workers more than $12.3 million after it failed to provide award entitlements to workers it regarded as "salaried professionals", while it faces a "contrition payment" of at least $676,000 under an enforceable undertaking with the workplace watchdog.

Worker weaponises employer's adverse action response

The FWC has rejected a company's objections and given the go-ahead for a worker who settled a general protections claim to use its response in that matter to run an underpayments case in the South Australian Employment Tribunal.


Cultural differences a poor excuse for exploitation: Judge

A federal court judge has in fining an underpaying juice shop operator almost $35,000 flatly rejected "cultur[al] differences" as a mitigating factor, lamenting instead the frequency with which ethnically diverse employers exploit their own communities.


Court backs FWO's power to delve into past

In a significant decision on FWO investigative powers under recent laws stiffening protections for vulnerable workers, the Federal Court has rejected a franchisor's bid to have declared void a notice to produce documents created before the legislation came into force.

Large employer fined for "brazen" exploitation ahead of class action

Days before SA's largest private employer is due to defend a class action on behalf of thousands of its convenience store workers, a tribunal has in awarding almost $65,000 in penalties to an underpaid console operator found it still at risk of non-compliance.

NTEU to launch underpayment class actions

The NTEU says it is preparing a "wave of class actions" and will "open the rule book" in pursuing other avenues to recover millions of dollars in underpayments on behalf of highly casualised university employees.