Case law page 17 of 30

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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.



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.


Bench buckets construction employer bid for JobKeeper flexibilities

An FWC full bench has today rejected a "misconceived' bid by construction employers to "level the playing field" by extending JobKeeper award flexibilities to ineligible companies in the sector, but has left the door open for changes due to the new Level 4 restrictions implemented in response to Victoria's second coronavirus wave.

FWC bench excludes "COVID-19 months" for commission-based agents

An FWC full bench is inviting submissions by 2pm on an award variation allowing the real estate industry to disregard the COVID-19 months for commission-only employees and place a moratorium on commencing such arrangements.

Aged care workers granted paid pandemic leave

An FWC full bench has in the face of employer opposition decided to grant paid pandemic leave for aged care workers covered by the aged care, nurses and health professionals awards for a three-month period from tomorrow.

FWC bench weighs expanding paid pandemic leave

An FWC full bench proposing to grant paid pandemic leave for workers covered by the Aged Care Award is seeking submissions by 2pm today on whether to also insert it into the Nurses Award and Health Professionals and Support Services Award.

Judge says FWO didn't seek compensation for ripped-off workers

In levelling a $22,440 penalty against the former owner-operator of a labour-hire company that underpaid 80 workers on a Queensland mushroom farm more than $78,000, a court has noted the FWO did not seek compensation.