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"Assumptions" undermine deed duress claim

In a case clarifying when an employee can claim they signed a deed of release under 'duress', the FWC has thrown out a director's unfair dismissal matter after finding he had ample opportunity to test his assumption that he would not be paid his entitlements if he did not put pen to paper.

Latest Aerocare deal fails BOOT as award reversion looms

The FWC has again thwarted major aviation services company Aerocare's long quest to replace its now-terminated 2012 agreement, finding that an updated 2018 deal still failed the BOOT despite attempts to allay split-shift concerns.

Coach could not employ spurned triallist, says A-League club

A championship-winning A-League club has refuted a player's claims its senior coach assured him he would earn a contract in order to secure his services for free, maintaining the coach is not responsible for employing team members.

Merivale class action targets "zombie" deal

A class action law firm claims an underpayments case on behalf of an estimated 8200 current and former hospitality workers reveals a widespread problem of employers relying on pre-Fair Work "zombie agreements" to undercut the award

BHP Coal required unreasonable overtime: Court

The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.

"Contemptuous" company should have involved HR: FWC

The FWC has found that it "reflects poorly indeed" on a printing company if it did not investigate sexual harassment complaints an unfairly dismissed female employee made to HR, while it has also referred the employer's "contemptuous" failure to comply with an order to attend the Commission to the tribunal's general manager for further action.

Finance manager's extra payments justified sacking: FWC

The FWC has upheld the sacking of a financial controller who paid herself for extra working time despite her engagement on an annualised salary that included reasonable additional hours.

Court to umpire sporting dispute over unpaid trial regime

A-League soccer team Central Coast Mariners says it is surprised to find itself at the centre of a possible test case challenging unpaid trial and training arrangements, in which a player claims it misled and exploited him to secure his services for free when he was in fact an employee.

GM wins penalties after "vengeful" denial of entitlements

The former "right-hand" man to a Gold Coast tobacco mogul who styles himself as "the candyman" has won $90,000 in penalties and 10% of his costs for an adverse action case he won two years ago in which a court found the employer "fabricated" a reason to dismiss him.

Employer's failed appeal denies worker extra $5000

An FWC full bench has upheld a dismissal payout to a manager who falsified a medical certificate in order to attend a job interview, while rejecting a bid by the employer to recalculate the figure that would ultimately have seen her receiving $5000 more.