Case law page 1 of 30

300 articles are classified in All Articles > Awards > Case law


500% of award rates a bit rich: FWC bench

Employers have succeeded in varying an award clause a FWC full bench agrees could produce the "absurd" result of workers receiving five times the prescribed minimum rates.

Crypto manager's award claim lacks substance: FWC

The FWC has observed that an employer "is not a charity", in rejecting a claim from a former risk manager for an insolvent cryptocurrency trader that his award-covered role did not change despite successive $50,000 promotions over just 15 months.

Lowest award rate to be purely transitional: FWC bench

A FWC full bench has made a provisional ruling in favour of ensuring the lowest pay classification in modern awards is used only for a short period of induction and training, making the second lowest rate the benchmark for continuing employment.


FWC laments "like it or lump it" extra hours scenario

The FWC has expressed dismay at a large aged care employer's "shift bidding" system in which it offers part-time workers extra hours only at ordinary pay, recommending instead that each employee get a chance to cap how many such shifts they are prepared to work without receiving overtime rates.

"It's time" say nurses seeking up to 35% pay lift

The ANMF is seeking pay rises of up to 35% for an estimated 250,000 nurses, nursing assistants and midwives as part of a work value claim intended to build on the wins of the related aged care case and extend the "recognition" to other healthcare settings.


FWC analysis identifies award interplay with disconnect right

The FWC has identified 11 award provisions, extending to overtime, reasonable additional hours and on-call, that might interact with new terms to entrench the right to disconnect, ahead of the new laws taking effect in late August.

Final comment sought on superannuation clause changes

The FWC is inviting final comment on proposed variations to 147 awards to reflect the elevation of superannuation to a guaranteed NES right under last year's Protecting Worker Entitlements legislation.

Casual worker prompts clarification of award terms

A casual real estate agent's application has spurred the FWC to vary the industry's award to clarify working hours and associated car allowances, accepting evidence that he had not been paid for the time involved in travelling up to 100 kilometres directly from home to conduct open inspections.