Case law page 15 of 30

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



FWC bench didn't "grapple" with conflicting terms: Full court

An FWC bench led by President Iain Ross "made no attempt" to analyse how model and agreement redundancy terms would operate in conjunction when assessing whether 21 seafarers had been fairly dismissed, a full Federal Court has found.

Commission limits junior rates in retail award

An FWC full bench has decided to abolish junior rates in the Retail Award for all but the lowest three classification levels, with any submissions to be filed by next Tuesday opposing its provisional view that the variation should start in February.

Employer had no obligation to consult with uncovered worker: FWC

In a decision underlining the perils faced by workers who are not covered by awards or enterprise agreements, the FWC has found an employer had no statutory obligation to consult an employee about its plans to make him redundant.

RBA's modest wage growth hopes; Vax test case; & more

RBA's modest wage growth hopes; Case to test employers' vaccination policies; Clerks award flexibilities extended until March; and Grace retains Palaszczuk Government's IR portfolio.


Serial underpayer slugged $230K in first "serious contravention" case

The FWO has won its first "serious contravention" penalties three years after the provisions were added to the Fair Work Act, a café and its former general manager fined a total of $230,000 on their second visit to court for underpaying workers.

Accountant fined more per breach than underpaying directors

An accountancy firm that created and gave the FWO false records covering up a massage parlour's underpayments must pay more per breach than the family-run employer, which has been fined about 10% of the penalties sought by the workplace watchdog.

FWC bench rejects employer argument over casuals' overtime

The FWC has in varying 97 awards to address casuals' overtime payments rejected employer arguments that its application of a compounding formula in the aged care sector contradicts the "widely accepted" proposition that penalties should not be applied to loadings.

FWC set to extend paid pandemic leave until late March

A five-member FWC full bench has today given any objectors until Monday to respond to its "provisional view" that it should extend COVID-19 paid pandemic leave provisions in three major health awards for five months.