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63 articles are classified in All Articles > Pay and remuneration > Case law


Store owner fined for withholding $450,000 in union dues, super

The Federal Circuit Court has levelled a $75,000 fine and is expected to order more than $25,000 in compensation against the director of a liquidated supermarkets enterprise who withheld about $450,000 in union dues, superannuation and Easter rates from more than 200 employees.

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.

Class action ends after failure to win funding

A Federal Court class action against Chubb Insurance Australia Limited for alleged failing to pay minimum rates, overtime and penalties has been discontinued after the lawyers for the employees failed to secure litigation funding.

Redundancies not genuine when workers reject pay cut: FWC

The FWC has thrown out an employer's argument that a "wide view" of the Fair Work Act allowed it to make four safety officers working on the Gorgon LNG project redundant when they refused to accept a 13% pay cut.

Bill could address "fundamental challenge" of record-keeping non-compliance: FWO

Fair Work Ombudsman Natalie James says low penalties are creating a "perverse incentive" for a "dangerous minority" of employers to use inaccurate or incomplete records to conceal underpayments, forcing the watchdog to use novel, labour-intensive strategies to piece together employees' working hours.

Court decides whether worker a priest or a cook

After what the FWO says is the first judicial review of one of its compliance notices, the Federal Circuit Court has found that a cook engaged at a Hindu temple was underpaid because he was wrongly classified as a priest under his employment contract.

FWC cuts Sunday, public holiday penalties

The FWC has reduced Sunday penalty rates in the hospitality, retail, fast food and pharmacy sectors and pared-back public holiday penalties in five awards, in a landmark ruling today by a five-member full bench.

Labour hire managers fined for concealing $130,000 in unlawful deductions

A director who appears to be operating a "phoenix" labour hire company and his former HR manager have been penalised $25,000 for their knowing involvement in unlawfully deducting $130,000 from the wages of 102 Crown Casino and Federation Square cleaners and providing false records to the FWO.

Annualised salary deal didn't specify award opt-outs, says court

A court has cleared the way for an employee to pursue claims for $29,000 in allegedly unpaid overtime and lunch breaks after finding her employment contract failed to specify the provisions of the clerks award that would be bought out in her annualised salary.