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189 articles are classified in All Articles > Pay and remuneration > Case law


Delete SJSP clause to pass deal, FWC tells Aldi

The FWC is seeking feedback on proposed undertakings that expunge an Aldi agreement's labour hire clauses, deemed invalid by the SDA because they try to circumvent same-job, same-pay provisions recently introduced into the Fair Work Act.

Warning on commission-only arrangements in finance

A senior lawyer says finance sector employers should "urgently review" their employment agreements after a finding that a commission-based advisor is award-covered and that a leading wealth management company cannot use those payments to offset his entitlements.

FWC orders 3.75% rise in award rates, NMW

The FWC's expert panel has this morning approved a 3.75% increase in all award rates and the national minimum wage, but has rebuffed the ACTU's bid for an immediate additional 4% for workers in highly-feminised industries, instead committing to a timetable to address the issue over the next 12 months.

Big penalty after employer's threats to kill workers' families

A massage business and its director must pay more than $2 million in fines and compensation after significantly short-changing temporary visa workers, subjecting them to a "cashback" scheme and threatening to kill their families if they blew the whistle.

500% of award rates a bit rich: FWC bench

Employers have succeeded in varying an award clause a FWC full bench agrees could produce the "absurd" result of workers receiving five times the prescribed minimum rates.

HR team "should have known better": FWC bench

A FWC full bench has slammed a public health provider's HR team for its "inappropriate" response to queries about late payment of 'nauseous work' and education allowances for an estimated 220 employees, concluding that the delay amounted to an underpayment capable of attracting a penalty.

$230M class action settlement a "seismic shift": Lawyers

Lawyers behind an underpayments class action on behalf of more than 20,000 junior doctors say a $230 million settlement reached with NSW Health is the largest in the nation's legal history and represents a "seismic shift".

Court backs FWC role in case that led to HR manager referral

In a significant judgment on the FWC's powers, a full Federal Court has today dismissed a major hospitality group's claim that a Commission bench exhibited bias when it voiced its concerns about an already-approved agreement ultimately revealed to have been voted up by three venue managers and a payroll employee not covered by it.

Lowest award rate to be purely transitional: FWC bench

A FWC full bench has made a provisional ruling in favour of ensuring the lowest pay classification in modern awards is used only for a short period of induction and training, making the second lowest rate the benchmark for continuing employment.

"Gov lawyer" claim to be investigated

A café owner penalised for ignoring a FWO compliance notice has been referred to a legal profession regulator after variously describing herself as a "Commonwealth public prosecutions Lawyer" and "Gov lawyer" in emails to a court.