In a significant ruling on the standing of independent contractors, a full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a multinational company for almost 40 years.
The FWC has refused to hear the out-of-time unlawful termination case of a teacher allegedly "forced" into taking maternity leave, finding her confusion over the dismissal date, a delay caused by filing the wrong claim and a difficult birth did not amount to exceptional circumstances.
The Federal Court has refused to "declass", provide an "opt-in" or make a common fund order for a major class action that is seeking entitlements for at least 3350 telecommunications workers allegedly misclassified as subcontractors.
A tribunal has upended a large transport company's "unilateral" decision to change to zero its blood alcohol policy limit for contracted owner-drivers, finding a toolbox meeting and noticeboard postings did not meet the governing agreement's consultation requirements.
A new report commissioned by Australia's largest general insurance company has sounded the alarm on the increasing number of independent contractors who are missing out on workers' compensation, income protection, leave, superannuation and other entitlements enjoyed by employees.
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.
A Deliveroo rider has launched a sham contracting test case, claiming the company should have paid him almost twice as much, as a casual employee rather than per delivery as an independent contractor, given a "batching system" that weighted individual performance factors.