Case law page 7 of 19

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


Aged care wages "not properly fixed": FWC bench

The FWC full bench hearing the aged care work value case is seeking feedback on its provisional view that pay rates in awards covering the sector's workforce have not been properly fixed, calling also for submissions on background documents by July 22.

No basis for manager's lockdown pay cut: Tribunal

A 20% pay cut imposed on a general manager while his employer shut its doors due to COVID-19 restrictions breached his contract and did not qualify as a JobKeeper-enabling direction, WA's IRC has held.

"Discontent" inevitable when same work, different pay: FWC

A FWC senior member who once served as Fortescue's HR manager has observed in the course of granting its bid to transfer outsourced workers to a direct-employment deal that doing the same work for lesser conditions "inevitably" leads to discontent and would be "unfair".

Meat wholesaler on hook for unreasonable extra hours

In a rare Federal Court ruling on reasonable additional hours, a large employer faces penalties for numerous Fair Work Act and award breaches after being found to have employed a recently-arrived "third-world" migrant on a 50-hour week in which shifts began at 2am.

$181K fine for listed company that stalled wage increase

Australia's largest bus operator has been fined $181,000 after a judge considered an internal email to its chief executive warning of the "very real possibility of being accused of 'wage theft'" if it did not pay more than 750 drivers an overdue wage increase.

Coles, Woolies face 7-week trial over alleged underpayments

The Federal Court has set a seven-week trial to hear Adero Law's class actions against Coles and Woolworths in tandem with FWO underpayment claims against the retailers, while the law firm seeks about a third of a $2.2 million settlement with Drakes and Foodland.

Hike for workers on "problematic" annualised salaries

Hospitality workers on at least 25% above-award annualised salaries will earn overtime for such work beyond 12 hours a week or penalty rates for working more than 18 penalty rate hours, but the FWC concedes the minimum is "nowhere near enough" to compensate many.

Aged care bench willing to make site visits: Ross

A FWC full bench has agreed to inspect nursing homes when it starts hearing an aged care work value case later this month, while Labor has backpedalled on a plan to require facilities to roster registered nurses on 24/7 by July next year.

On-demand award stumbles at threshold

Menulog appears to have suffered a self-inflicted wound in its quest to establish a gig economy beachhead within the existing IR framework, the FWC finding its workers fall under an award that pays more than the one it currently relies upon.

Deal torpedoed after employer's "disingenuous" statement

The FWC has waved away as "disingenuous" an employer's claim that it would be left with no employees if it offered award-level entitlements in a proposed deal, observing that various guarantees and undertakings are no substitute for the detail needed to properly conduct a BOOT assessment.