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


HR manager's "vague" knowledge of employees' work hinders deal

A major employer has failed to apply the correct award in seeking approval for a new enterprise agreement covering two businesses, the FWC noting an HR manager involved in bargaining had "little to no knowledge" of the work performed by employees.

Split FWC bench upholds contentious labour hire deal

The CFMMEU has been refused permission to appeal the approval of a labour hire company's deal on the basis the black coal award incorporated in the predecessor agreement did not allow for casual production and engineering workers, a majority FWC bench finding it possible the provision's absence was "simply overlooked" by the employer.

Pay equity settlement "to ripple across the nation": Union

As more than 18,000 NSW public school administrative and support staff vote on a settlement to their gender equity claim said to boost annual pay by up to $13,500, the PSA and Department of Education are nutting out the degree to which they will jointly acknowledge the gender element.


FWO secures fivefold increase in director's fine

In a decision vindicating the FWO's resistance to the grouping of multiple contraventions for the purpose of setting penalties, the workplace watchdog has won a fivefold increase in fines imposed on an underpaying company director.

Full court upholds accident pay cut in coal award

A full Federal Court has today rejected a challenge to the Fair Work Commission's decision to reduce accident pay in the black coal award from 76 weeks to 52 weeks.

Reliance on web access sinks 13% deal

In the latest FWC decision contemplating whether "minor" procedural or technical errors stand in the way of approving an agreement, a senior tribunal member has shot down a deal that delivered workers a 13% pay rise but relied on them accessing the underlying award via the internet.

Clubs fail in bid to can award, cut penalty rates

An FWC full bench has rejected Clubs Australia's bid to cut penalty rates for more than 100,000 workers by revoking the industry award and folding it into the hospitality award, describing the attempt as inflicting "economic harm" without any countervailing benefits.

FWC inserts annualised hours clauses in awards

Employers say the FWC's decision to forge ahead with model annualised wage clauses containing new record-keeping and reconciliation requirements – inserting them into some awards for the first time – will impose a "major red tape burden" while removing much of the benefit.

Court bites back against 7-Eleven cash-backs

The Federal Circuit Court has fined a former 7-Eleven operator more than $154,000 for using a cash-back scheme to circumvent a biometric payroll system introduced by head office to stamp out underpayments.