Case law page 9 of 25

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


FWC ends cruise ship worker's time in pandemic dry dock

The FWC has ordered stevedoring giant Qube to offer redundancy to a Sydney-based employee unable to work since cruise ships stopped operating in early 2020, accepting that alternative work in Wollongong would be "a huge disruption" to his family life.

FEG entitlement not dependent on employer's contributions: AAT

The AAT has accused the Attorney-General's Department of "studied ambiguity" in finding it mistakenly denied a worker up to $23,600 under the FEG scheme because his insolvent employer neglected to contribute to an industry entitlements fund.

Time's up for zombie deals: FWC

The FWC has warned employers that the "clock is ticking" for Work Choices "zombie" agreements in rebuffing a large employer's bid to keep a 2008 flat-rate deal operating until May or June, coinciding with the 10-year anniversary of its nominal expiry.

McDonald's faces class action over allegedly unpaid breaks

McDonald's has been hit with a second Federal Court case over its alleged failure to provide paid rest breaks, with a RAFFWU-backed class action claiming thousands of past and present workers are potentially owed millions over the "systemic" issue.

IBM exec's redundancy challenge reveals $27K overpayment

A former IBM chief financial officer claiming she was underpaid $101,000 in redundancy entitlements based on transitional arrangements for "Telstra heritage employees" was in fact overpaid by $27,000, a court has held.

Bank faces criminal charges over alleged LSL underpayments

The National Australia Bank is facing criminal charges that it failed to pay long service leave entitlements to casual employees in Victoria, as the State's wage theft watchdog continues its pursuit of big employers.

FWO falls short in contractor case

A court has thrown out an FWO underpayment case on behalf of four delivery drivers it argued were employees rather than independent contractors, the judge narrowly finding that all parties intended to operate at arm's length when originally formalising their relationship.

Three-month delay for FDV leave review

The FWC has pushed back hearings for the ACTU's bid for 10 days paid family and domestic violence leave from next month to late February next year.

Deal back on chopping block as employer appeals shiftwork ruling

The FWC has decided to conclude a case with a "lengthy and complex" history, dismissing an employer's bid to further delay consideration of a union's application to terminate its nominally-expired deal while it challenges the tribunal's rejection of a new agreement to the Federal Court.

Cobwebbed deal axed despite worker fears

In a decision illustrating the delicate balancing act required of the FWC when considering axing old agreements, a recently-employed worker has succeeding in having a security company's 15-year-old deal scrapped over the loud objections of all but a few of his fellow employees.