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


McDonald's faces class action over allegedly unpaid breaks

McDonald's has been hit with a second Federal Court case over its alleged failure to provide paid rest breaks, with a RAFFWU-backed class action claiming thousands of past and present workers are potentially owed millions over the "systemic" issue.

Schools put on notice over volunteer roles

The IEU says it will call out non-government schools over a widespread practice of engaging staff and others in key co-curricular roles as "volunteers", after a Queensland college back paid more than $2 million and entered into an enforceable undertaking with the FWO.

NAB's "overworked" managers to sue

The FSU says it will sue the National Australia Bank after a survey of more than 1000 middle managers revealed widespread excessive unpaid work and "unbearable levels of stress and anxiety", but the bank says there is no such expectation of extra hours.

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 held 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.