Case law page 8 of 25

246 articles are classified in All Articles > Entitlements and standards > Case law


"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".

Court seeks to close off perpetual risk of class actions

The Federal Court in agreeing to discontinue a casuals class action against Mount Arthur Coal and labour hire provider TESA has put to bed uncertainty over limitation periods to ensure the companies are not "forever exposed to the risk" of group members' claims.


"No basis" for inserting paid FDV in awards: ACCI

Ahead of Friday's final full bench hearing into the ACTU's case for introducing paid family domestic violence leave into modern awards, the ACCI says it should have "little confidence" in the cost-benefit analyses provided by the union peak body's expert witnesses.

Court reinforces that contract is now king

In a case applying the High Court's new guidelines on contractors, a judge has rejected a worker's bid for leave, super and redundancy payments after finding he was not an employee despite averaging 38 hours a week over eight years for a solitary employer.

Largest and smallest employers most likely to offer paid FDV leave

Employers of more than 100 and fewer than five workers are most likely to offer paid family and domestic violence leave, according to data released by the FWC ahead of it hearing final oral submissions next month on the ACTU's bid for a 10-day paid entitlement.


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.

McDonald's workers fed "c-ck and bull story" about breaks : SDA

McDonald's is facing fresh claims it deliberately denied paid rest breaks to thousands of workers in its own restaurants, with the fast food behemoth already up against a class action and multiple cases accusing it of conspiring with franchisees on the issue.

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.