Case law page 17 of 31

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


FWC boosts WFH campaign as award flexibilities extended

The FWC has used the further extension of COVID-19-related flexibilities in the clerks award to advance its campaign for enduring changes in working-from-home arrangements, calling on employers and unions to report back on possible variations to address the issue by early next month.


DJ not in tune with award: Court

The Federal Circuit Court has expressed "hesitation and regret" in accepting that while a DJ was a casual rather than an independent contractor, his underpayments claim must fail as his work was not covered by an award.

Umpire rejects bid for "COVID-care" allowance

A $5 an hour "COVID-19 care allowance" for disability workers attending to self-isolated and quarantining clients is unnecessary and likely to trigger a push to insert it into other health sector and aged care awards, according to an FWC full bench.

Award severance clause trumps incapacity provision: Bench

An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.



Cultural differences a poor excuse for exploitation: Judge

A federal court judge has in fining an underpaying juice shop operator almost $35,000 flatly rejected "cultur[al] differences" as a mitigating factor, lamenting instead the frequency with which ethnically diverse employers exploit their own communities.


Bench buckets construction employer bid for JobKeeper flexibilities

An FWC full bench has today rejected a "misconceived' bid by construction employers to "level the playing field" by extending JobKeeper award flexibilities to ineligible companies in the sector, but has left the door open for changes due to the new Level 4 restrictions implemented in response to Victoria's second coronavirus wave.