The AiG says the FWC should take into account the Budget's substantial cost-of-living relief for the low-paid in granting an increase no higher than 3.8% in this year's minimum wage case, while the Albanese Government says there are "no signs" of a wage-price spiral and reiterates its view that the real wages of low-paid workers should not "go backwards".
A Federal Court majority has today dealt a hammer blow to NSW's and Victoria's pursuit of employers alleged to have avoided long service leave entitlements to casuals, ruling that a tribunal's reading of the Fair Work Act's LSL provision produced an "absurdity" whereby employers received "no warning" they could be held criminally liable for supposed non-payments.
Underpaying employers could face fines of more than $4 million or three times the sum involved, while individuals such as directors and HR managers could face imprisonment and penalties up to $825,000 per breach under further wage theft reforms being considered by the Albanese Government.
A dumpling chain's HR manager was knowingly concerned in its Fair Work Act contraventions and "did not simply act as a conduit", the Federal Court has held in a liability judgment, finding she also instructed and trained a colleague in a payroll scam using both accurate and inaccurate records.
The FWC has warned a radiology provider whose HR manager took an "ill-informed" position that it risks a civil penalty and underpayment claims if it requires part-timers to put in extra hours without overtime pay or agreement and fails to put working patterns in writing.
Employers say the remuneration bill for workers with a disability covered by the Supported Employment Services Award might increase by up to 50% following variations that the FWC says will give them a "truly comprehensive range of fair minimum wages" for the first time.
In what it claims is its first litigation seeking to have a holding company found responsible for its subsidiaries' breaches, the FWO has initiated court action against ASX-listed Super Retail Group for self-reported underpayments of more than $1 million that led to an internal audit and backpayments exceeding $50 million that the watchdog says remain short of the mark.
A court has fined the director of a Japanese restaurant almost $25,000 after finding that he "reverse engineered" pay records provided to the FWO and asked a shortchanged employee not to "sell me out".
A large employer has been fined almost $100,000 after a court rejected its "bare apology" for requiring a newly-arrived migrant to work 12 extra hours a week for more than three years.
A Federal Court judge has while fining a franchisor almost $500,000 for deliberately underpaying Taiwanese interns speculated that a recent High Court ruling will impel more parties to agree on penalties rather than go to trial, an "unfortunate by-product" being fewer judgments offering "yardsticks" for future cases.
