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


Piece rates ruling "one of our greatest victories": AWU

A FWC full bench's insertion of a minimum wage guarantee in the horticulture award to ensure pieceworkers earn at least $25.41 an hour is "one of the most significant industrial decisions of modern times", according to the AWU.

FWO falls short in contractor case

A court has thrown out an FWO underpayment case on behalf of four delivery drivers it argued were employees rather than independent contractors, the judge narrowly finding that all parties intended to operate at arm's length when originally formalising their relationship.

Employer whacked $18K for dodging underpayment notice

In a ruling reinforcing the wisdom of heeding FWO compliance notices, an online directory and its director have despite pleas they would be "crippled" been fined more than $18,000 for failing to rectify underpayments on time.

Employers support early childhood teachers' January pay hikes

A FWC full bench has held early childhood teachers should receive a pay rise of up to 13.6% from the start of next year as part of an IEU work value claim, after the union reached a consent position with some employers and others failed to back up affordability concerns.


Employer hits "absolute barrier" to legal representation

In a decision further clarifying when clients can be legally represented in workplace matters, a Queensland IRC member has confirmed he has no power to involve lawyers in underpayment cases.

Public purse should cover delayed commissions: AAT

The AAT has found a real estate agent eligible for FEG payments reflecting the balance of sales commissions even though they became payable on the post-administration settlement of properties, quashing an Attorney-General's Department decision to the contrary.

Court reduces shortchanging fine due to lockdown impacts

A court has accepted that it should impose a reduced underpayment penalty on an employer and its director because last year's extended coronavirus lockdown in Melbourne significantly reduced the size and financial resources of the business.

Stand down compensation after "more valuable" workers favoured

In a decision highlighting the challenges facing employers attempting to manage stand-downs during the pandemic, the FWC has ordered a global aviation ground services company to compensate a part-time worker after favouring more valued employees.

Newsflash: High Court to hand down Rossato judgment

The High Court will next Wednesday hand down its much-anticipated judgment in labour hire company Workpac's challenge to a finding that coal mineworker Robert Rossato had an entitlement to paid leave while engaged as a casual on consecutive contracts for almost four years.