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Include 25% casual loading in FEG payout: Court

In what the CFMMEU is hailing as another win in a similar vein to the landmark Skene and Rossato rulings, the Federal Court has overruled the Attorney-General's Department's "parsimonious" refusal to include a 25% casual loading in a mineworker's FEG payout.

Consultation required before coronavirus layoff: FWC

A Melbourne hotel that claimed an inability to engage in face-to-face discussions before making a chef redundant during the city's second COVID-19 lockdown must compensate her for unfair dismissal, after falling foul of award consultation obligations.

Casual categorisation not an "opening move": Workpac

Just as the Morrison Government's Omnibus IR Bill says a casual will be defined on the basis of their job offer, rather than subsequent conduct, the labour hire company at the centre of a landmark casuals case has told the High Court employment contracts must be decisive.

Dispute not our business: FWC bench

An FWC full bench has, in dismissing a former Ausgrid worker's appeal, expressed surprise that a presidential member elected to hear the matter in the first place, noting that the employer knew nothing of any dispute before she made the application.

Super giant breached privacy principles: Ruling

The Information Commissioner has ordered Australia's largest super fund, Australian Super, to pay a member $4500 in compensation and apologise for sharing her personal information with her former legal representatives.


Bench again declines paid pandemic leave bid

A five-member FWC full bench has confirmed the provisional view it reached in August last year that there is not a strong enough case, with the COVID-19 pandemic relatively well-controlled in Australia, to insert paid pandemic in awards covering paramedics and NDIS, home care and patient transport workers.

MacBank's defective pay system an easy spot: Court

Macquarie Bank's HR department designed a defective pay system that a competent IR lawyer would have quickly identified, the Federal Circuit Court has held in fining the bank $330,000 on top of $1.3 million in compensation owing to wealth advisors.

Single loaded rate unlikely, says FWC president

If the FWC incorporates loaded rates in hospitality and retail awards after a referral from IR Minister Christian Porter, it is likely to involve a range of such rates rather than a single one, the tribunal's president indicated in a statement today.

Mondelez influence felt in tribunal leave ruling

The FWC has found "persuasive" the High Court's reliance in Mondelez on ordinary hours to calculate entitlements, dumping a union's attempt to win more annual leave for council waste and recycling workers.