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82 articles are classified in All Articles > Entitlements and standards > Case law


No service required to trigger 120-hour leave entitlement: FWC

An injured coal mineworker has won back 120 hours personal leave denied by resources giant Peabody when he took more than a year off, the FWC finding he was not required to provide a service to be eligible for the entitlement.

All half-pay maternity leave doesn't count towards service: Court

The AFP did not discriminate against a police officer seeking to have 32 weeks of half-pay maternity leave count towards her service, the Federal Court finding the relevant agreement's intention was only to cover full-pay periods.

FWO abandons Foodora pursuit

A fortnight after deciding not to take compliance action against Uber, the FWO has dropped its Federal Court action against Foodora on the basis it would be "highly unlikely" to garner additional payments for its former workforce or penalties against the company.

Bench throws out "ersatz" bid to quash Woolies deal

RAFFWU is yet to concede defeat on a bid to quash Woolworths' 2012 agreement, after an FWC full bench threw out its challenge to the approval of the retailer's replacement deal and accused it of trying to deprive some team members of an allowance "merely to aid" its termination application.



Employer not required to pay idle workers at fire-damaged mill: FWC

A Tasmanian wood mill operator that stood down its workforce after this year's bushfires has established that even though its agreement requires workers to be paid for time lost due to such natural events, it does not have to pay them if it is because of bushfire-damaged machinery.

Rio "unilaterally" extracted contractual entitlement: IRC

Rio Tinto artificially limited contractual terms when it denied two FIFO mineworkers their entitlement to an extra allowance for nights spent away from their work base, the WA Industrial Relations Commission has found.

ETU looking to supercharge casual leave test cases

The ETU is anticipating multiple backpay claims on behalf of thousands of labour hire and FIFO workers at resource, electrical supply and construction companies across Australia as part of a new campaign seeking to challenge their classification as casuals.

"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.