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


No "presumption" penalty rate cut tied to minimum wage: Bench

The SDA has failed to head off a double whammy for retail workers whose Sunday penalty rates fall this week despite a delay to minimum wage increases, after an FWC full bench found there was no presumption they should be aligned.

Names on ballots didn't invalidate virus-driven vote: FWC

The FWC has let a construction company bin a 5% pay rise that came into effect in February plus next year's increase, despite CFMMEU evidence that some workers felt pressured to support the COVID-19 variation in a ballot that identified their vote.

High-earning manager can't contest sacking: FWC

A senior manager on a $240,000 annual remuneration package has failed to convince the FWC he is an award-covered employee protected from unfair dismissal.

Another dunking for offshore deal

A labour hire company's successor agreement has again failed to win approval from the FWC, despite an undertaking aimed at addressing a finding that it told workers their rates of pay would rise when they would actually fall.

CSIRO "unjustly enriched" by sham arrangement: Scientist

A former CSIRO marine biologist is seeking more than $250,000 in alleged underpayments as part of a sham contracting and "unjust enrichment" case challenging its part-time work arrangements and use of unpaid visiting scientists.

Contempt for underpayment claim attracts $240K fine

In a case highlighting the dangers of failing to engage with underpayments cases, an employer who did not respond to a claim it short-changed a teenage worker by $8000 must now pay him an additional $240,000 in penalties.

Our contracts do not contain 'work-wages bargain': Deliveroo

The arrangement under which a former driver worked about 30 hours over a 10-month period could not possibly be considered casual employment, Deliveroo has argued in its Federal Circuit Court defence against a sham contracting case.

Bench quashes pre-undertakings deal approval

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.

Merivale class action targets "zombie" deal

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

BHP Coal required unreasonable overtime: Court

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.