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


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.

Ross fires back over award "complexity"

A FWC full bench has marked the conclusion of the eight-year-long review of modern awards by seeking to rebut persistent claims that they are too complex for employers, observing that while "unpacking" clauses might add to their length, it has also provided greater clarity.

New hurdle for CFMMEU entry permit renewals

The FWC has renewed entry permits for three CFMMEU officials, but has made them conditional on them not exercising specific entry powers designed to protect textile, clothing and footwear workers, unless they complete further training.

FWC inclined to axe 10-year-old "ad hoc" holiday schedules

A FWC full bench has concluded that part-day public holidays schedules rapidly inserted into more than 100 awards a decade ago serve no practical purpose, giving parties until October 21 to argue why they should not be deleted.

Taxpayers' bill for Ovato liquidation rises after tribunal ruling

A long-serving former employee of a company that deliberately restructured to offload severance obligations onto the publicly-funded FEG scheme has had his redundancy payout substantially increased, after the AAT ruled that a "grand chapel" deal with the AMWU "grandfathered" generous provisions in an earlier enterprise agreement.

Firm's costs estimate a "particularly serious" breach: Judge

A law firm found to have breached the Legal Profession Act when estimating costs says it will challenge a 25% deduction to the sum it claims after settling one of several no win, no fee retail workers' class actions, arguing also that proposed exemptions for litigation funding schemes are unlikely to improve the plight of those who are underpaid.

FWC scratches glass maker's flawed deal

The FWC has rejected a glass manufacturer's claims that it accidentally halved rest breaks in a proposed deal, dismissing the employer's approval application because it failed to adequately explain it and other deficient clauses to the workers who voted for it.

Court reinstates accused, suspended teacher

Tasmania's Supreme Court has upheld the State Industrial Commission's decision to reinstate a teacher accused of child s-x offences, so that he is suspended on full pay.

Workers on $170K not "guaranteed" high income: Court

A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.

Toll variation to open way for bottom-feeders: TWU

The TWU says a Toll Transport bid to amend the Road Transport and Distribution Award to "clarify" afternoon and night shift penalty provisions is a "shocking move" prompted by the union's allegations that it has been underpaying workers at one of its sites.