The Federal Circuit Court has questioned why the FWBC chose not to prosecute the director of a phoenixed bricklaying company that failed to pay correct pay and entitlements to several "daily hire" workers.
The High Court will determine whether employers can circumvent sham contracting provisions by utilising a third party, such as a labour hire company, to indirectly engage workers, after the FWO today won special leave to challenge a full Federal Court ruling.
A Roy Morgan Research subsidiary plans to take to the High Court its claim that payments to contractors should be taken to include all award entitlements, after a failed full court appeal that director Gary Morgan says has "massive implications" for other companies.
The High Court has granted special leave for the federal government, the CFMEU and the CEPU to challenge a full Federal Court judgment that effectively stops the FWO and FWBC from continuing their practice of providing "agreed" penalty ranges to courts.
The High Court will decide whether a worker who received entitlements from an abattoir as a result of Fair Work Ombudsman proceedings was barred from making separate injury claims.
A judge has raised questions about the FWBC's exercise of discretion in its failed pursuit of a "very small" business for sham contracting, but has accepted that the watchdog didn't initiate the case without reasonable cause.
A full Federal Court has ruled that two housekeepers who were pushed onto Odco-style independent contractor arrangements continued to be employees after the purported conversion, but also found that their employer had not contravened the Fair Work Act's sham contracting provisions.
The Fair Work Ombudsman has found links between the former Victorian Coalition Government's budget cuts and public sector employment practices that could have breached the Fair Work Act.
The Fair Work Ombudsman has asked a Victorian Government agency to urgently review the way it engages workers, after an investigation revealed it might be "misclassifying" employees as independent contractors.
The Federal Court has criticised the Federal Circuit Court for ignoring a protocol between the two judicial bodies in its decision to transfer a sham contracting matter to it, but will hear the case to avoid a "tennis match".
