Case law page 13 of 26

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


High Court to consider special leave for CFMMEU, Qantas cases

The High Court will next month consider whether to extend special leave in two high-profile cases, the first in which the ABCC is seeking to have the CFMMEU's recidivism factored into penalty rulings and the other in which aviation unions are pursuing access to paid sick, carer's and compassionate leave for Qantas workers stood down due to the pandemic.

FWC canvasses employers on FDV policies; & more

FWC seeks to identify incidence of workplace FDV policies; Casual terms review timetable pushed back; and AiG calls for reduction in minimum pay delays for COVID-hit sectors.


FWC accelerates review of domestic violence leave

The FWC has agreed to the ACTU's request to bring forward the three-year review of domestic violence leave terms in awards, scheduling a conference to start the process at the end of the month and a hearing late this year.

Court rejects bid to stymie Domino's class action

The Federal Court has today accused pizza chain Domino's of "exaggerating" its concerns about a major class action underpayments claim and has allowed it to proceed towards trial.

Franchisor told franchisee it could pay flat rates: Court

Two franchisee directors of a Chatime bubble tea store have had most of their underpayment penalties suspended after a court accepted they acted on their franchisor's advice that they could pay age-based flat rates.

Full court's "unduly narrow" interpretation is wrong: Porter

IR Minister Christian Porter has told the High Court that a Federal Court bench "erred" when it concluded that labour hire company Workpac could not rely on a legislative provision to offset loadings paid to the worker at the centre of a landmark case on casual leave entitlements.

Managers didn't want to punch the clock, claims class action target

Australia's largest independent grocery retailer in defending a $20 million class action has admitted to breaching leave loading requirements, but otherwise denied it should have paid salaried employees for extra hours or recorded their additional time.

Casual categorisation not an "opening move": Workpac

Just as the Morrison Government's Omnibus IR Bill says a casual will be defined on the basis of their job offer, rather than subsequent conduct, the labour hire company at the centre of a landmark casuals case has told the High Court employment contracts must be decisive.

Dispute not our business: FWC bench

An FWC full bench has, in dismissing a former Ausgrid worker's appeal, expressed surprise that a presidential member elected to hear the matter in the first place, noting that the employer knew nothing of any dispute before she made the application.