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


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be pursued by apprentices after an FWC full bench held that an old State award that continued to dictate their pay was superseded three years ago.

Bench to examine employment abandonment clauses

FWC President Iain Ross has asked a full bench to review abandonment of employment clauses in six modern awards after a recent ruling that employers must take the "additional step" of ending the employment relationship when a worker walks off the job.


BOOT involves "balancing exercise": FWC

An FWC presidential member has approved a bakery franchise agreement with undertakings, while emphasising that the BOOT involves a "balancing exercise" rather than a line-by-line comparison with underlying awards.


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.