The Federal Court will examine the multi-level marketing operations of an international networking business after the Federal Circuit Court ruled that a sham contracting case launched by the FWO was complex and lengthy enough to go to a higher authority.
In a lucrative Christmas/New Year period for the Commonwealth's coffers, the Federal Circuit Court has handed down penalties amounting to more than $580,000 in eight separate cases brought by the Fair Work Ombudsman against companies and their directors for breaches of the Fair Work Act.
A chief financial officer who is seeking $1m in damages for wrongful dismissal from his bankrupt employer will have to compete with other ordinary creditors for the funds, after the Federal Court ruled the sum is not a "retrenchment payment" under corporations law.
The Federal Circuit Court has drawn a link between s-xual assault laws and the Fair Work Act's sham contracting prohibitions in finding that a floor repairing business was not "reckless" as to whether five of its independent contractors were actually employees.
The Federal Court has fined a company almost $200,000 for underpaying its aged care workers more than $2.5m over a five year period, finding that its unlawful employment practices might have given it an unfair competitive advantage.
A long history of employee complaints and the need to send a strong message to the hair and beauty industry that "it does not pay to underpay workers" has led to a hairdressing chain being fined $70,000 for short-changing an apprentice more than $8,000.
The Fair Work Commission adjourned its inquiry into HSU Victorian No 1 branch entry permit applications this morning after branch general manager Kimberley Kitching indicated she would seek an urgent Federal Court order to compel the tribunal to rule on her argument that it has no jurisdiction to conduct the review.