An FWC presidential member has approved a bakery franchise agreement with undertakings, while emphasising that the BOOT involves a "balancing exercise" rather than a line-by-line comparison with underlying awards.
A tribunal has ordered two male employees to resume standard business hours from next month after it upheld an employer's decision to boost operational efficiency by ending a long-standing flexible work arrangement that allowed them to leave early enough to pick up their children from school.
A court has found that a driver engaged as a casual under a labour hire arrangement is an employee who is entitled to annual leave payments under the Fair Work Act.
The FWC has found a roof tiler is an employee who can make an unfair dismissal claim, ruling his employer created an independent contracting "façade" to suit its own purposes and avoid paying his entitlements.
The FWC has upheld the dismissal of a "competent and conscientious" communications advisor with an extensive media background, accepting he could not be redeployed because his resistance to social media made him unsuited to the new role's demands.
A new retail and fast food union this morning has SDA members in its sights as it embarks on a recruitment campaign at Coles and Woolworths and considers joining the application to terminate the Coles Supermarkets enterprise agreement, according to founding secretary Josh Cullinan.
A court has fined a company and its director $124,000 over a sham contracting arrangement in which they underpaid a 417 visa-holder almost $8000 for four months work after misclassifying him as an independent contractor.
Leading employment law practitioners have predicted it is only a matter of time before Australia sees a test case similar to UK's recent landmark Uber decision which found drivers were employees, not contractors.
The NSW IRC has ordered the reinstatement from today of a decorated senior prison officer it dismissed for assaulting three inmates while suffering from a mental illness, but he will be denied backpay due to his misconduct.
The employer of a manager jailed for child s-x abuse denied him procedural fairness and should have obtained external advice before sacking him, but the FWC has found the dismissal a proportionate response.
