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67 articles are classified in All Articles > Individual contracts > Case law


Workers on $170K not "guaranteed" high income: Court

A major mining company should have paid untaken sick leave to 20 retrenched employees, the Federal Court has ruled, in a judgment closely examining how the Fair Work Act's high-income threshold applies to annualised salaries.

Tech start-up advisor an employee, FWC rules

In an important decision holding that a largely unpaid advisor was a tech start-up's employee rather than an independent contractor, the FWC has relied on the in-principle acceptance of his "far from comprehensive" proposal and the way in which the contract was performed.

No basis for manager's lockdown pay cut: Tribunal

A 20% pay cut imposed on a general manager while his employer shut its doors due to COVID-19 restrictions breached his contract and did not qualify as a JobKeeper-enabling direction, WA's IRC has held.

High Court lays down rules on independent contractors

The High Court has affirmed the primacy of contractual terms in determining employment relationships, finding a construction worker was an employee of a labour hire company and that two truck drivers were independent contractors despite decades of exclusive service to a solitary business.

High Court's Rossato decision rewrites the rules: Experts

IR academics say the High Court's "revolutionary" approach in Rossato signals an intention to rewrite the rules for determining employment status, with potentially dire consequences for gig workers and others seeking to challenge their characterisation.

FWC makes termination call on Telstra's zombie AWAs

The Fair Work Commission has declared a provisional view that it will agree to Telstra's request to terminate thousands of so-called "zombie" statutory individual agreements from the Work Choices era.

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.

Court backs rare Premier's challenge to tribunal ruling

A palliative care doctor given 10 minutes' notice that his three-year fixed-term contract was to be succeeded by a six-month contract immediately lost his right to have a tribunal review the new offer, Tasmania's Supreme Court has held.

COVID-19 stand down designed to avoid big payout: FWC

The FWC has ordered a recruitment company to immediately end the stand-down of a state manager after rejecting its claim that COVID-19 left her with no work, finding instead that it sought to force her to resign.

Macquarie Bank contests advisors' commission-only claim

The latest tranche of Macquarie Bank wealth advisors to sue for alleged underpayments continue to maintain they were paid under commission-only arrangements despite the bank's insistence this was paid on top of a base salary.