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Full court's "unduly narrow" interpretation is wrong: Porter

IR Minister Christian Porter has told the High Court that a Federal Court bench "erred" when it concluded that labour hire company Workpac could not rely on a legislative provision to offset loadings paid to the worker at the centre of a landmark case on casual leave entitlements.

FWC's arbitral powers maintained under inherited deal: Full court

In a significant, if split, decision on the FWC's jurisdictional ambit, a majority full Federal Court has ruled that the tribunal would not be invalidly exercising judicial power if it arbitrated a dispute under an agreement an employer inherited after winning a Defence Department tender.

Managers didn't want to punch the clock, claims class action target

Australia's largest independent grocery retailer in defending a $20 million class action has admitted to breaching leave loading requirements, but otherwise denied it should have paid salaried employees for extra hours or recorded their additional time.

Misconduct sacking bins $70,000 sick leave payout

A veteran garbo has lost his right to a $70,000 accrued personal leave payout after the NSW IRC upheld his sacking for riding on the back of a garbage truck, finding he held a cavalier attitude and lacked insight, despite expressions of regret.

Include 25% casual loading in FEG payout: Court

In what the CFMMEU is hailing as another win in a similar vein to the landmark Skene and Rossato rulings, the Federal Court has overruled the Attorney-General's Department's "parsimonious" refusal to include a 25% casual loading in a mineworker's FEG payout.

Consultation required before coronavirus layoff: FWC

A Melbourne hotel that claimed an inability to engage in face-to-face discussions before making a chef redundant during the city's second COVID-19 lockdown must compensate her for unfair dismissal, after falling foul of award consultation obligations.

Casual categorisation not an "opening move": Workpac

Just as the Morrison Government's Omnibus IR Bill says a casual will be defined on the basis of their job offer, rather than subsequent conduct, the labour hire company at the centre of a landmark casuals case has told the High Court employment contracts must be decisive.

Dispute not our business: FWC bench

An FWC full bench has, in dismissing a former Ausgrid worker's appeal, expressed surprise that a presidential member elected to hear the matter in the first place, noting that the employer knew nothing of any dispute before she made the application.

Super giant breached privacy principles: Ruling

The Information Commissioner has ordered Australia's largest super fund, Australian Super, to pay a member $4500 in compensation and apologise for sharing her personal information with her former legal representatives.