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

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.

Transport award a better BOOT fit for mine haulage drivers

The CFMEU is considering whether to appeal an FWC ruling that it is not entitled to cover drivers using a public road to haul coal from a mine, after it failed to convince the tribunal that an agreement should have been compared to a mining award for the purposes of the BOOT.

Effects of weekend penalty rate cut not felt mainly by students: Study

New university research presented at an IR academics conference in Canberra debunks the notion that reducing weekend penalty rates in the retail sector would mainly affect student workers who don't rely on the income to the same extent as other employees.

PM calls for multi-year penalties phase-in

Prime Minister Malcolm Turnbull wants the Fair Work Commission to phase-in the planned cuts to some Sunday penalty rates over a period of years, to ensure that workers' take-home pay is protected, while the tribunal has timetabled the next stage of the penalties case.

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.

Sacked employee on overseas assignments not labour hire: court

The FWC has rejected an employer's jurisdictional objections to hearing the dismissal appeal of an employee over the high-income cap who worked on overseas assignments, finding that while he fell outside the enterprise agreement he was covered by the industry award.

Queensland apprentices due for backpay after full bench ruling

Queensland employers are urging the State and Federal governments to take responsibility for millions of dollars in backpay claims that could be pursued by apprentices after an FWC full bench held that an old State award that continued to dictate their pay was superseded three years ago.