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19 articles are classified in All Articles > Flexible work > Case law


Backpayments for early-starting working mother

A tribunal has ordered the ACT Government to re-credit more than 200 hours of personal leave to a worker who accused it of discriminating against her on the basis of her parenting responsibilities by refusing to let her start work before 7.30am.

Employers embrace expansive loaded rates agenda

The Australian Hotels Association has proposed ahead of further conferences next week in the loaded rates case that the FWC extend the range of ordinary working hours when it considers simplified pay arrangements for the hospitality and retail sectors.


McDonald's granted award flexibility to help "weather storm"

More than 200,000 award-covered fast food industry workers face temporary cuts to part-time hours and reduced overtime penalties under fiercely-contested, pandemic-related changes approved by an FWC full bench.

FWC inserts annualised hours clauses in awards

Employers say the FWC's decision to forge ahead with model annualised wage clauses containing new record-keeping and reconciliation requirements – inserting them into some awards for the first time – will impose a "major red tape burden" while removing much of the benefit.

Employer lacked reasonable basis for flexibility veto: Bench

An FWC full bench has upheld a finding that Victoria Police lacked reasonable business grounds to refuse a long-serving detective's request, under a "right to flexible working arrangements" clause, for extra rest days as he makes a transition to retirement.

No reasonable basis for rejecting flexibility request: FWC

Victoria Police has failed to establish reasonable business grounds for refusing a long-serving detective's flexible work request for an additional two rest days per fortnight as he transitioned to retirement.

FWO drops Foodora test case

The FWO has dropped its case against Foodora over alleged sham contracts, bringing to a premature close what was anticipated to be a significant test of the gig economy's employment relationships in Australia.


Better reasons needed for flexible work vetos, under FWC proposal

The FWC has rejected the ACTU's bid for a new entitlement for working parents and carers to work flexible hours, but has provisionally indicated it intends to publish a model award clause that will extend the right to request flexible work to casuals with six months service and require employers to provide more explanation for refusing requests.