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Beans or peas? Court finds Odco-contractors are employees

A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.

Late wages "penalty" can be included in modern awards: FWC

A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.

Victorian Coalition could have breached laws: FWO

The Fair Work Ombudsman has found links between the former Victorian Coalition Government's budget cuts and public sector employment practices that could have breached the Fair Work Act.

Deliberate dishonesty justified instant dismissal: Federal Court

A five-member bench of the Federal Court has ruled that a company was entitled to summarily dismiss an executive employee for serious misconduct that destroyed the relationship of trust between them, even though it had moved earlier to terminate his employment on six months' notice.

"Phoenix" directors ordered to meet award shortfalls

A court has ordered former directors of related liquidated companies to compensate a construction worker for underpayments owing under a modern award and its state predecessor, finding that the Fair Work Act's remedy provisions extend beyond employers.

FWO gives Victorian agency six months to get house in order

The Fair Work Ombudsman has asked a Victorian Government agency to urgently review the way it engages workers, after an investigation revealed it might be "misclassifying" employees as independent contractors.


Gender reporting obligations to be streamlined

The Abbott Government will ease the gender reporting requirements on employers, in a move that it claims will cut compliance costs by more than a third.

Federal Court returns serve, but not sham contracting case

The Federal Court has criticised the Federal Circuit Court for ignoring a protocol between the two judicial bodies in its decision to transfer a sham contracting matter to it, but will hear the case to avoid a "tennis match".

Bench quashes CFMEU entry permit suspensions

A FWC full bench has overturned the suspension of 12 CFMEU officials' entry permits, finding that the original sanctions were not linked to the resolution of an ongoing right of entry dispute but appeared to be punishment for past bad behaviour.