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


Assembling before pre-start meeting starts clock on work: FWC

In a significant decision on the nature of work, the FWC has ruled that employees required to attend a worksite assembly point by a prescribed time before being transported to a pre-start meeting should be paid for the intervening period.

Union calls on government to intervene in Deliveroo case

The TWU is calling for Federal Government intervention as it prepares to appoint a legal team to represent a non-member Deliveroo rider who launched a sham contracting test case claiming he should have been paid as a casual, rather than per delivery as an independent contractor.

Court rejects $120K overtime claim based on "merged" jobs

A council employee who worked back-to-back shifts alternating as a fitness instructor and customer service officer at a health centre has failed to establish an overtime claim based on cumulative hours when both jobs "merged".

Blind worker settles wage-calculation challenge

A disability employment services provider has reached an undisclosed settlement with a legally-blind worker in the Federal Court after he challenged the fairness of an assessment tool used to set his wage.

Judge's "hostility" towards employer cruels landmark FWO case

A landmark contempt finding and accompanying jail sentence hailed as proof of the FWO's commitment to justice has been overturned by a full Federal Court that found the ruling judge's "open" hostility to the underpaying employer compromised his ability to consider the evidence.

FWO targets toy store to test serious breach provisions

The FWO has launched a test case against the operator of a pop-up toy store, seeking to reverse the onus of proof for underpayments and rely for the first time on serious contraventions provisions that potentially expose the company and its director to 10 times the ordinary maximum penalties.


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.

Deal's "traditional" notion supports uni's pay cut: FWC

A university's decision to slash casual tutors' rates for online student support almost four years into an agreement has been endorsed by the FWC, despite the member observing that the deal's definition of tutorial harked back to his long-gone days at law school.

"Robbed": Union outraged at entitlements ruling

The CFMMEU says the Federal Court has made an "outrageous decision" in directing that $1m held in a trust fund as a result of a case brought by the union now be shared by all former employees of the liquidated labour hire company One Key Workforce Pty Ltd.