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


FWC suggests "neutral" alternative to deal's leave clauses

The FWC has given coal miner Peabody until Thursday to respond to its suggestion that it adopt "somewhat more neutrally worded" clauses in a proposed agreement that says workers are "required" to work on public holidays.


"Embarrassment" for director as labour hire operator fined $106K

A court has limited to about $100,000 the fines it has imposed on an underpaying, now-shuttered labour hire company after accepting that it unintentionally broke the law and that its embarrassed founder is "appropriately remorseful".

Law firm loses appeal against $185K ruling

A law firm has failed to overturn the "bulk" of a court decision to award a junior solicitor more than $185,000 in compensation and penalties after his sacking for making almost 250 complaints.

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.

FEG should pay agent's delayed commissions: Court

Despite warning of an "unbounded period" of entitlement, DEWR has failed to overturn an AAT finding that a real estate salesperson is eligible for FEG payments reflecting sales commissions that did not fall due until properties settled after the 13-week statutory window.

Green light for 'retrenched' political candidate to sue investment bank

A NSW Greens candidate has won extra time to pursue an investment bank with a former Coalition IR Minister on its board, after it allegedly refused his parental leave application and retrenched him after he ran for local government and inquired about his rights.

Hot Wok costs rejected as judge ponders "pessimistic" approach

A Federal Court judge has speculated that he might have been "overly pessimistic" when he rejected suggestions that a FWC full bench displayed bias when sharing with parties its concerns about an already-approved agreement.


Full court blows hole in states' LSL cases

A Federal Court majority has today dealt a hammer blow to NSW's and Victoria's pursuit of employers alleged to have avoided long service leave entitlements to casuals, ruling that a tribunal's reading of the Fair Work Act's LSL provision produced an "absurdity" whereby employers received "no warning" they could be held criminally liable for supposed non-payments.