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179 articles are classified in All Articles > Pay and remuneration > Case law


Employer cannot rewrite deal in its "afterlife": Bench

A FWC full bench has upheld a finding that Qube Ports cannot retrospectively vary expired agreements that no longer cover it in an attempt to avoid a major lawsuit over deductions of "gap" payments from up to 1000 wharfies' remuneration.

FWC blunts union efforts to expand Aldi underpayment claims

The SDA has hit a major hurdle in its efforts to expand upon an underpayments court victory, the FWC refusing to order Aldi to provide six years of rosters, pay records and timesheets for almost 13,000 employees the union claims might have been shortchanged for work performed outside their shifts.

Confidentiality bid thwarted by pay secrecy provisions

In its first decision since pay secrecy penalties took effect this month, the FWC has rejected an employer's bid to redact a "commercially sensitive" list of clients included in a proposed agreement.

Ex-PM unveils statue of equal pay activist Zelda D'Aprano

Former Prime Minister Julia Gillard has unveiled a statue commemorating the landmark 1969 equal pay protest by trade union activist and feminist Zelda D'Aprano, who chained herself to the door of the Commonwealth building in Melbourne.

Bench plants foot down on bid to vary agriculture award

A FWC full bench has rejected a farmworker's bid to scrap casual overtime award rates she claims prompted an employer to sideline her during a peak harvest period because she reached the maximum ordinary hours.

RAT request did not use "mandatory" language: FWC

The FWC has rejected a union bid to bill an aged care provider 15 minutes' overtime for workers required to have rapid antigen tests before each shift, but held that the employer "could and should have done more" to clarify its position.

No pay for pre-shift RATs under aged care deal: FWC

In a decision shedding further light on whether workers should be paid if instructed to conduct COVID-19 rapid antigen tests at home or prior to a shift, the FWC has held an aged care agreement lacks any provision to pay staff for testing at a time of their choosing.

FWC put clamps on old Coles Express deal

The FWC has speculated that an energy company in the midst of a $1.5 billion buying spree "presumably has a contingency plan in place" after rejecting its bid to have thousands of new employees covered by a 12-year-old deal that would leave some on below-award wages.

Thiess offers $850K to settle travel time case

FIFO workers employed on a remote LNG project a decade ago stand to split more than $850,000 after pursuing payment for the time it took to be bussed from their crib hut to a security gate at the end of each shift.

Order inflation-matching rise for lowest-paid: Burke

The Albanese Government will urge the FWC's minimum wage panel to award an inflation-matching increase to the lowest-paid workers, but will stop short of pushing for an across-the-board increase for workers on higher award classifications.