Case law page 17 of 31

302 articles are classified in All Articles > Awards > Case law


DJ not in tune with award: Court

The Federal Circuit Court has expressed "hesitation and regret" in accepting that while a DJ was a casual rather than an independent contractor, his underpayments claim must fail as his work was not covered by an award.

Umpire rejects bid for "COVID-care" allowance

A $5 an hour "COVID-19 care allowance" for disability workers attending to self-isolated and quarantining clients is unnecessary and likely to trigger a push to insert it into other health sector and aged care awards, according to an FWC full bench.

Award severance clause trumps incapacity provision: Bench

An FWC full bench has quashed a decision to reduce a $12,000 retrenchment payout to zero, ruling that the Fair Work Act's "incapacity to pay" provisions don't apply when the entitlement arises from a source such as an award.



Cultural differences a poor excuse for exploitation: Judge

A federal court judge has in fining an underpaying juice shop operator almost $35,000 flatly rejected "cultur[al] differences" as a mitigating factor, lamenting instead the frequency with which ethnically diverse employers exploit their own communities.


Bench buckets construction employer bid for JobKeeper flexibilities

An FWC full bench has today rejected a "misconceived' bid by construction employers to "level the playing field" by extending JobKeeper award flexibilities to ineligible companies in the sector, but has left the door open for changes due to the new Level 4 restrictions implemented in response to Victoria's second coronavirus wave.

FWC bench excludes "COVID-19 months" for commission-based agents

An FWC full bench is inviting submissions by 2pm on an award variation allowing the real estate industry to disregard the COVID-19 months for commission-only employees and place a moratorium on commencing such arrangements.

Aged care workers granted paid pandemic leave

An FWC full bench has in the face of employer opposition decided to grant paid pandemic leave for aged care workers covered by the aged care, nurses and health professionals awards for a three-month period from tomorrow.