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


Big employer needed "open mind" on leave timing: Court

The Federal Court has fined Airservices Australia for consciously failing to consult workers before forcing them to take leave during a Christmas/New Year shutdown period, observing there was "no point" in doing so once they returned to work.

"This proceeding has developed elephantiasis": Judge

A judge has rebuked the FWO over its handling of a case brought against a silo manufacturer accused of underpaying two workers less than $13,000, observing that the "sorry saga" had "developed elephantiasis" and it was time it was brought to an end.

Union calls on government to intervene in Deliveroo case

The TWU is calling for Federal Government intervention as it prepares to appoint a legal team to represent a non-member Deliveroo rider who launched a sham contracting test case claiming he should have been paid as a casual, rather than per delivery as an independent contractor.

No service required to trigger 120-hour leave entitlement: FWC

An injured coal mineworker has won back 120 hours personal leave denied by resources giant Peabody when he took more than a year off, the FWC finding he was not required to provide a service to be eligible for the entitlement.

All half-pay maternity leave doesn't count towards service: Court

The AFP did not discriminate against a police officer seeking to have 32 weeks of half-pay maternity leave count towards her service, the Federal Court finding the relevant agreement's intention was only to cover full-pay periods.

FWO abandons Foodora pursuit

A fortnight after deciding not to take compliance action against Uber, the FWO has dropped its Federal Court action against Foodora on the basis it would be "highly unlikely" to garner additional payments for its former workforce or penalties against the company.

Bench throws out "ersatz" bid to quash Woolies deal

RAFFWU is yet to concede defeat on a bid to quash Woolworths' 2012 agreement, after an FWC full bench threw out its challenge to the approval of the retailer's replacement deal and accused it of trying to deprive some team members of an allowance "merely to aid" its termination application.



Employer not required to pay idle workers at fire-damaged mill: FWC

A Tasmanian wood mill operator that stood down its workforce after this year's bushfires has established that even though its agreement requires workers to be paid for time lost due to such natural events, it does not have to pay them if it is because of bushfire-damaged machinery.