The FWC has rejected the CFMEU's claim that the Port Kembla Coat Terminal enterprise agreement allows the "sandwiching" of long service and annual leave and has instead preferred the employer's view that long service leave cannot be broken up and substituted for periods of annual leave for the ultimate benefit of the employee.
A full Federal Court has confirmed that annual leave owed to workers on termination of employment must be paid out at the same rate they would have received had they taken it while still working.
A full Federal Court has upheld an order that required an aged care provider to pay a former employee the annual leave she accrued while she was absent from the workplace on workers' compensation.
A FWC full bench has today acceded to employer requests to change annual leave provisions in modern awards to enable cashing-out of up to two weeks a year and give employers a qualified power to require employees to take "excessive" accruals.
In one of the last wages and entitlements cases pursued by the FWBC, a building subcontractor that used a labour-hire company to distance itself from it employment obligations has been fined $145,000 and ordered to backpay $150,000 to more than a dozen workers.
Modern award transfer of business provisions that guarantee a new employer's recognition of prior service are set to be adjusted after a FWC full bench found they conflict with the National Employment Standards.
The Federal Circuit Court has ruled that NSW employees on workers' compensation are entitled to accrue annual leave under the Fair Work Act, a situation that will be reversed if the Senate passes the Abbott Government's amendments to the federal legislation.
Advice from the Fair Work Ombudsman has prompted the Fair Work Commission to set up a full bench to iron out inconsistencies between modern award provisions and the national employment standards, as part of its 4-yearly review.
The Federal Circuit Court has found the sole director of a delicatessen/cafe accessorily liable in an underpayment case spanning more than 30 years and four periods of industrial law.
A long history of employee complaints and the need to send a strong message to the hair and beauty industry that "it does not pay to underpay workers" has led to a hairdressing chain being fined $70,000 for short-changing an apprentice more than $8,000.
