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


Bench rejects union public holiday claim

An FWC full bench has refused to vary six retail awards to give workers an extra day's pay or a day off when public holidays fall their on non-working days, but has found insufficient evidence to establish an employer claim that it would have cost businesses up to $267 million a year.


Truck driver needed more "physicality" to earn allowance: Court

In a ruling as to what constitutes "physical effort", a court has found that opening or removing curtains and straps securing a truck's load did not qualify a driver for an extra allowance under a transport industry award.

"Casual" employee entitled to annual leave: Court

In a decision sure to be closely analysed by employers, a court has ruled that a worker is entitled to accrued annual leave despite being paid a casual loading for 15 years.

IEU's equal pay case could bump teachers' pay by up to 59%

On the heels of this week's rejection of a United Voice and AEU equal pay bid for childcare workers, the IEU on Monday heads to the FWC to press its separate claim on behalf of 12,000 university-qualified teachers employed in long day care centres and preschools.

FWC rejects childcare equal pay claim

An FWC full bench has today thrown out a United Voice and AEU equal pay claim for childcare workers after finding a 2005 work value case was insufficient, in the absence of contemporary evidence, to establish metalworkers as an appropriate comparator.

FWC seeks options for dumped employment abandonment clauses

Abandonment of employment clauses have been removed from six modern awards in the wake of an FWC full bench ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.

Bench decision broadens coverage of modern awards, says union

In a decision that United Voice says will make it harder for low-paid workers to be classified as award free, an FWC full bench has found that animal attendants and supervisors covered by a Queensland pet resort agreement should have been assessed against the Miscellaneous Award.

FWO could win higher penalties after court ruling

An employer could face a ninefold increase in fines ordered by the Federal Circuit Court after the FWO successfully appealed the judgment on the basis that it wrongly grouped contraventions as a single course of action.

Bench still seeking "real world" comparator in equal pay case

The future of a joint union equal pay claim for childcare workers is hanging in the balance after an FWC full bench was yesterday left searching for "real world" scenarios establishing metalworkers as a suitable comparator.