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


Data harvesting among reasons to boost teacher pay: IEU

Citing more complex demands such as data harvesting, the IEU has in addition to its bid for an equal remuneration order on behalf of 15,000 early childhood teachers now lodged an alternative work value claim to increase salary levels by between 11% and 34%, or to implement a uniform 25% pay rise.

Accountants liable for client's underpayments: Bench

In a significant win for FWO efforts to extend liability to advisors involved in underpayments, a Full Federal Court has today dismissed an accountancy firm's appeal against penalties imposed last year for failing to ensure a client met its award obligations.


Lack of HR expertise didn't excuse "shoddy" dismissal

A restaurant that required a chef to work more than 20 unpaid hours a week and summarily sacked him when he sought to pare it back and take leave was "blissfully unaware" of its award obligations, the FWC has found.

Pickers to test vulnerable workers laws

Five migrant fruit pickers at the centre of a $10 million Federal Court claim against a labour hire company and its owners are seeking to be recognised as casuals, alleging their contracts for piecework were invalid and based average take home pay on an unrealistic workload.

Bid to cut severance pay not "industrial fair play"

The FWC has chastised an employer for failing to abide by "industrial fair play" when it neglected to tell a worker it would seek to slash his redundancy payment if he didn't accept an alternative role.

BHP drawn into big Australian class action

Two landmark class actions allege that a BHP Billiton subsidiary induced two labour hire companies to unlawfully engage hundreds of coal mineworkers as casuals and pay them less than the industry award.

FWC imposes stringent conditions on employer's legal representation

A senior FWC member has approved an employer's request for legal representation in a dismissal case, but not before requiring hearings be conducted in private, that he be free to provide "appropriate" guidance to the unrepresented former worker, and that he retain the power to revoke permission if the lawyer complicates proceedings.

Redundant geoscientist to return to FWC after alternative role unearthed

A geoscientist made redundant after almost two decades with the same company has been given a second chance to argue he was unfairly dismissed after a full bench found his former employer potentially led a Commission member into error when asserting there were no alternative positions available.

Better reasons needed for flexible work vetos, under FWC proposal

The FWC has rejected the ACTU's bid for a new entitlement for working parents and carers to work flexible hours, but has provisionally indicated it intends to publish a model award clause that will extend the right to request flexible work to casuals with six months service and require employers to provide more explanation for refusing requests.