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


SDA chided for "suboptimal" approach to McDonald's class action

A judge who rejected a SDA bid to prioritise its breaks case against McDonald's by staying an earlier RAFFWU-backed class action has contrasted the "lacklustre and misdirected approach" of the country's second-largest union with that of the unregistered, seven-year-old union and its lawyers.


Failure to provide private breastfeeding space discriminatory: Tribunal

In what is believed to be the first workplace breastfeeding discrimination ruling, a tribunal has found that a KFC franchisee indirectly discriminated against a worker when it told her to express milk in a tent, within a storeroom with no door.

Lesser LSL entitlement warrants extending zombie AWA

A FWC full bench has extended a CBA worker's AWA because reverting to the enterprise agreement would reduce her long service leave pay by more than $17,000, but it refused the bank's request to keep the details of the individual contract confidential.

Director liable for underpayments despite limited understanding: Court

In a significant decision on directors' liability for underpayments, a court has found that although the co-founder of Chatime was unaware the bubble-tea chain was in breach of workplace laws, he understood enough about award obligations around casual and weekend penalty rates to be considered complicit.

More than $1 billion backpaid in past two years: FWO

Large corporates and universities accounted for almost two-thirds of the $509 million in unpaid wages and entitlements recovered by the FWO in 2022-23 on behalf of more than 250,000 workers, the workplace watchdog revealed today.

Zombie AWA out of tune with times: Bench

The FWC has reinforced its view that zombie agreements should not be extended "merely" because the parties are in harmony, observing that nothing is stopping a charity funded by Australia's orchestras from negotiating a new deal with its valued finance manager.

FWC suggests "neutral" alternative to deal's leave clauses

The FWC has given coal miner Peabody until Thursday to respond to its suggestion that it adopt "somewhat more neutrally worded" clauses in a proposed agreement that says workers are "required" to work on public holidays.


"Embarrassment" for director as labour hire operator fined $106K

A court has limited to about $100,000 the fines it has imposed on an underpaying, now-shuttered labour hire company after accepting that it unintentionally broke the law and that its embarrassed founder is "appropriately remorseful".