An FWC presidential member had no power to approve an agreement before he received written undertakings to satisfy the BOOT, a full bench has found in a ruling in which it also uncovered incorrect claims by the employer that employees would not be worse off.
A class action law firm claims an underpayments case on behalf of an estimated 8200 current and former hospitality workers reveals a widespread problem of employers relying on pre-Fair Work "zombie agreements" to undercut the award
The Federal Court has held that a BMA coal loading facility breached a reasonable overtime clause in its enterprise agreement by requiring workers to perform more than eight additional hours per week.
The FWC has found that it "reflects poorly indeed" on a printing company if it did not investigate sexual harassment complaints an unfairly dismissed female employee made to HR, while it has also referred the employer's "contemptuous" failure to comply with an order to attend the Commission to the tribunal's general manager for further action.
An Orica labour supplier's redundancy method, in which it surprised a full-time employee during downsizing by handing him a letter confirming the "successful completion" of his role, has rendered the dismissal unfair.
The FWC has upheld the sacking of a financial controller who paid herself for extra working time despite her engagement on an annualised salary that included reasonable additional hours.
Employers will no longer pursue a new "perma-flexi" casuals classification as part of the FWC's four-yearly review, as they are confident that legal challenges or legislative change will avoid a requirement to provide additional entitlements to these workers.
The FWC has held that although the cut-off date for a worker's unfair dismissal application fell on a NSW public holiday, when the tribunal's registries were open in other states, he did not need an extension to file it the next day.
A-League soccer team Central Coast Mariners says it is surprised to find itself at the centre of a possible test case challenging unpaid trial and training arrangements, in which a player claims it misled and exploited him to secure his services for free when he was in fact an employee.
The former "right-hand" man to a Gold Coast tobacco mogul who styles himself as "the candyman" has won $90,000 in penalties and 10% of his costs for an adverse action case he won two years ago in which a court found the employer "fabricated" a reason to dismiss him.
