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.
In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.
A presidential member denied an unfair dismissal applicant a fair hearing when he threw out his case for want of prosecution without a formal request from the employer, a FWC full bench has ruled.
The High Court has today granted a CFMMEU bid for special leave to appeal a full Federal Court ruling that a building worker engaged by labour hire company Personnel Contracting was an independent contractor.
The High Court has today granted special leave for an employer to challenge a court finding that two truck drivers who worked exclusively for a multinational for almost 40 years had an entitlement to unpaid leave and superannuation entitlements.
A judge who took exception to a business being liquidated during an underpayment case was entitled to impose heavier penalties on the owners than sought by the FWO, an appeal court has found.
In a significant decision on calculating compensation for unfairly dismissed workers, an FWC bench has concluded that a presidential member failed to properly account for JobSeeker payments or fully articulate the reasoning behind her final figure.
In a significant decision on FWC powers, a full bench has found the tribunal could not force a labour hire company to reinstate a worker to his former job at client Carlton United Breweries, given the beer giant was contractually entitled to order his removal.
A full Federal Court majority has rejected an attempt to reel in costs awarded against two NRL player representatives found to have poached clients from their previous employer.
