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


Contempt for underpayment claim attracts $240K fine

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.

Our contracts do not contain 'work-wages bargain': Deliveroo

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.

Bench quashes pre-undertakings deal approval

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.

Merivale class action targets "zombie" deal

A class action law firm claims an underpayments case on behalf of an estimated 8200 current and former hospitality workers reveals a widespread problem of employers relying on pre-Fair Work "zombie agreements" to undercut the award

BHP Coal required unreasonable overtime: Court

The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.



Employee status "not a box-checking exercise": Judge

The Federal Court has rejected a bid by the FWO and CFMMEU to upset a major labour hire company's treatment of workers as independent contractors, finding the service agreement signed by the parties transparently spelt out the true nature of their relationship.

Government should be driving equal remuneration: IRC

A NSW IRC full bench has in making equal remuneration orders delivering a 11% rise for education support workers called on governments to ensure worthy such cases are argued, rather than rely on unions "funded by a declining member base".

Employer's underpayment hit doubled for missing paperwork

In a decision reinforcing the need for employers to maintain timesheets, a court has more than doubled the restitution a family-run business must make despite questions of credibility about the sponsored couple claiming underpayments.