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



FWC accelerates review of domestic violence leave

The FWC has agreed to the ACTU's request to bring forward the three-year review of domestic violence leave terms in awards, scheduling a conference to start the process at the end of the month and a hearing late this year.

Court rejects bid to stymie Domino's class action

The Federal Court has today accused pizza chain Domino's of "exaggerating" its concerns about a major class action underpayments claim and has allowed it to proceed towards trial.

Franchisor told franchisee it could pay flat rates: Court

Two franchisee directors of a Chatime bubble tea store have had most of their underpayment penalties suspended after a court accepted they acted on their franchisor's advice that they could pay age-based flat rates.

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.

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.

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.

Bench again declines paid pandemic leave bid

A five-member FWC full bench has confirmed the provisional view it reached in August last year that there is not a strong enough case, with the COVID-19 pandemic relatively well-controlled in Australia, to insert paid pandemic in awards covering paramedics and NDIS, home care and patient transport workers.

MacBank's defective pay system an easy spot: Court

Macquarie Bank's HR department designed a defective pay system that a competent IR lawyer would have quickly identified, the Federal Circuit Court has held in fining the bank $330,000 on top of $1.3 million in compensation owing to wealth advisors.