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


Super Retail in the gun for subsidiaries' underpayments

In what it claims is its first litigation seeking to have a holding company found responsible for its subsidiaries' breaches, the FWO has initiated court action against ASX-listed Super Retail Group for self-reported underpayments of more than $1 million that led to an internal audit and backpayments exceeding $50 million that the watchdog says remain short of the mark.

Government, aged care unions at odds over interim rise

The Albanese Government says it is not feasible to fund the FWC's interim increase for aged care workers before July next year and wants to hold back a third of the 15% boost until mid-2024, but an "incredulous" HSU says the sector expects the increase to apply immediately on approval.

Work value case bolstered by Act's new objectives: Unions

The HSU and the ANMF say the Fair Work Act's new secure work and gender equality objectives will bolster and simplify their work value case on behalf of aged care workers, proposing that Federal Government submissions should address the changes.

Director slugged $25K for falsifying pay records

A court has fined the director of a Japanese restaurant almost $25,000 after finding that he "reverse engineered" pay records provided to the FWO and asked a shortchanged employee not to "sell me out".


Employer told to cough up for testing time

In a significant decision on the nature of work, the FWC has found that the nursing home at the centre of one of Queensland's deadliest COVID-19 outbreaks should have paid employees for the time spent taking rapid antigen tests before the start of their shifts.

Court defers to "specialist" FWC on underpayments claim

In a move that the NTEU warns could have a "chilling effect" on underpayment claims across the economy, the Federal Court has stayed its attempt to claw back millions of dollars on behalf of casual and sessional staff while Monash University pursues a FWC bid to retrospectively vary its agreement.

Vax policy put pressure on workers: FWC

A senior FWC member has described a public transport agency's vaccination policy as "pressur[ing]" workers to "give up [the] fundamental right" to bodily integrity, before ordering it to pay five train drivers sidelined because of their non-compliance.

Underpaying employers face "stark choices": Judge

A Federal Court judge has while fining a franchisor almost $500,000 for deliberately underpaying Taiwanese interns speculated that a recent High Court ruling will impel more parties to agree on penalties rather than go to trial, an "unfortunate by-product" being fewer judgments offering "yardsticks" for future cases.

Nobody told us to resume considering appeal: FWC bench

A FWC full bench has taken a union and employer to task for failing to notify it to resume hearing the former's challenge to a contentious hospitality deal under which employees can work "voluntary" additional hours without penalties.