Case law page 9 of 11

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


Bench preserves existing TOIL overtime rate-friendly awards

A FWC full bench has refused an AiG bid to delete provisions for time-off-in-lieu (TOIL) and make-up pay at overtime rates from 10 modern awards, but has proposed a new model TOIL term for all modern awards that don't have one.

Take another look at safety net, court tells tribunal

Concerns that employees could be left without award coverage if an FWC full bench refused a modern enterprise award bid should have given a "sharper edge" to its consideration of safety net obligations, a full Federal Court has ruled.

FWC axes AWU-Cleanevent "sweetheart" deal

The Fair Work Commission has terminated a Work Choices agreement between the AWU and a Spotless subsidiary that saved the employer about $2 million a year in wages and penalty rates.

FWC to provide award right to cash-out annual leave

A FWC full bench has today acceded to employer requests to change annual leave provisions in modern awards to enable cashing-out of up to two weeks a year and give employers a qualified power to require employees to take "excessive" accruals.



Full bench rejects employer's award coverage appeal

A Fair Work Commission full bench has rejected an employer's appeal against an award coverage ruling, saying it might be "inappropriate" to use the "substantial character" approach to determining which modern award applies.


Late wages "penalty" can be included in modern awards: FWC

A four-member Fair Work Commission full bench has ruled that the tribunal has the power to insert in modern awards a provision penalising employers for late payment of wages, but has left it to another bench to decide next week whether the proposal has merit.

Bench delivers big award coverage win for Coles

A Federal Court full bench has upheld a finding that the main retail award applies to delivery drivers employed by the online arm of supermarket giant Coles.