An employer that cut a manager's wages by 15% due to COVID-19, but then restored her old rate when it made her redundant, has failed to establish that her pay exceeded the high-income threshold because to do otherwise would allow "manipulation" to deny her the chance to challenge her dismissal.
BHP's attempt to win approval of two enterprise deals to entrench an in-house labour hire company that now employs more than 2000 workers across its mining operations has been dealt a major blow by an FWC full bench majority, which has ruled that its failure to properly explain pay arrangements meant the workforce did not genuinely agree.
The SDA has failed to head off a double whammy for retail workers whose Sunday penalty rates fall this week despite a delay to minimum wage increases, after an FWC full bench found there was no presumption they should be aligned.
The FWC has let a construction company bin a 5% pay rise that came into effect in February plus next year's increase, despite CFMMEU evidence that some workers felt pressured to support the COVID-19 variation in a ballot that identified their vote.
A labour hire company's successor agreement has again failed to win approval from the FWC, despite an undertaking aimed at addressing a finding that it told workers their rates of pay would rise when they would actually fall.
A former CSIRO marine biologist is seeking more than $250,000 in alleged underpayments as part of a sham contracting and "unjust enrichment" case challenging its part-time work arrangements and use of unpaid visiting scientists.
In a case highlighting the dangers of failing to engage with underpayments cases, an employer who did not respond to a claim it short-changed a teenage worker by $8000 must now pay him an additional $240,000 in penalties.
The arrangement under which a former driver worked about 30 hours over a 10-month period could not possibly be considered casual employment, Deliveroo has argued in its Federal Circuit Court defence against a sham contracting case.
An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.