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


Court rejects director's bid to save on lawyers

A director's argument that he is well qualified to represent his company in an underpayments case has fallen flat, a court citing a "lack of objectivity" as being among the reasons to reject the proposition.

Holiday trade-off should not be scrapped without bargaining: FWC

An employer seeking to be covered by an existing agreement could potentially "operate in a better way" if a clause granting five days leave in return for working on three public holidays is removed, but the FWC has found the change would deny employees the chance to use the entitlement as a bargaining chip.

BHP changed housing regime to axe workers' tenancy rights: Bench

A FWC full bench has upheld a ruling that BHP must continue to deduct a $60 weekly housing subsidy from remote mineworkers' pay, saying that the company halted the deductions to remove tenancy rights, rather than as an "act of gratuitous generosity".

SDA members carved-out from RAFFWU-backed class action

Shine Lawyers says the exclusion of thousands of SDA members from its McDonald's class action will "inform future interplay" between union and non-union representative proceedings, while a full court ruling has set a "powerful precedent" for using collective action to protect workers' rights.

DEWR fails in High Court bid to recoup FEG funds

The High Court has this afternoon declined to hear DEWR's challenge to a ruling that limits funds available to pay employee entitlements when a company goes under.


Tears for onion farmer seeking zombie deal extension

A FWC full bench has refused to extend a farm's 16-year-old deal for 12 weeks beyond next month's sunsetting of zombie agreements, describing the application as an effort to pay below-award rates for "one more" onion-picking season.

$80K payout for disabled guard after employer's super stuff-up

A security company has been ordered to pay $80,000 to a former employee assaulted by current All-Australian AFL captain Toby Greene nearly a decade ago, a court finding that he could have claimed insurance for "permanent disablement" but for the employer failing to pay his superannuation on time.

FWC affirms "modest" paid leave for paramedic

WA's St John Ambulance has failed to convince the FWC that its agreement requires paramedics who are not the primary carer of a child to clock up a full year of employment before they can access eight days paid leave after a birth or adoption.

Employer fined $160K for failing to pay out annual leave

A judge has declined to bundle together an employer's various workplace breaches in ordering it to pay $163,000 in fines to a former worker for stripping his severance pay of more than 500 accumulated annual leave hours.