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


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.

Two jobs with single employer don't count as one: Court

A worker who concurrently held two "separate and distinct" part-time roles with Australia Post has failed to win $200,000 in overtime and meal allowances he claimed he was owed under the organisation's agreement, after the Federal Court ruled that they didn't amount to a single job with combined hours under the Fair Work Act.

Court reconsiders "ordinary and customary turnover" escape clause

In a case clarifying when employers must make redundancy payments, the Federal Court has rejected claims by Spotless Services Australia Ltd that it was not obliged to pay severance to three Perth International Airport workers due to an exemption for ordinary and customary turnover of labour.

Seven-month "leave blackout" breached deal: FWC

A council's imposition of a seven-month "leave blackout" period in a quest for greater efficiencies has run foul of the FWC, the tribunal finding its failure to consult workers over the policy breached best practice and notification provisions in its agreement.