In a rare Federal Court ruling on reasonable additional hours, a large employer faces penalties for numerous Fair Work Act and award breaches after being found to have employed a recently-arrived "third-world" migrant on a 50-hour week in which shifts began at 2am.
The Federal Court has set a seven-week trial to hear Adero Law's class actions against Coles and Woolworths in tandem with FWO underpayment claims against the retailers, while the law firm seeks about a third of a $2.2 million settlement with Drakes and Foodland.
A FWC member has applied the "well known 'duck principle'" in holding that a tyre recycling company suspected of phoenixing unfairly sacked a worker who complained about unpaid superannuation, before threatening to kill a director.
The FWC has warned employers that the "clock is ticking" for Work Choices "zombie" agreements in rebuffing a large employer's bid to keep a 2008 flat-rate deal operating until May or June, coinciding with the 10-year anniversary of its nominal expiry.
Victoria's Alfred Health and St Vincent's Health have become the latest public hospital operators targeted by a swathe of class actions seeking six years of unpaid overtime on behalf of current and former junior doctors.
The FSU says it will sue the National Australia Bank after a survey of more than 1000 middle managers revealed widespread excessive unpaid work and "unbearable levels of stress and anxiety", but the bank says there is no such expectation of extra hours.
The FWO alleges in court proceedings filed yesterday that Coles owes its managers about $100 million more than it has made allowance for following internal payroll audits looking at the underpayments.
In a further warning on the importance of accurate payroll systems, the Australian Red Cross Society has become the latest surprising addition to the list of underpaying employers to have entered enforceable undertakings with the FWO after the charity self-reported short-changing employees a figure now estimated to top $25 million.
Woolworths says settling a class action it dismissed as "without merit" will ensure its approach to repaying thousands of salaried managers can be "appropriately addressed" via an FWO Federal Court case, but it will first pay affected staff a further $50 million.
