
Win for CFMMEU against employer for breach of enterprise agreement clause related to unreasonable overtime
Hall Payne Lawyers wins another case for CFMMEU with employer having fine imposed by the Federal Court in the sum of $40,500.
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Hall Payne Lawyers wins another case for CFMMEU with employer having fine imposed by the Federal Court in the sum of $40,500.

Requesting employees take annual leave, particularly during traditional holidays, including Christmas/New Year and Easter is not uncommon. This triggers an important question: can an employer lawfully force you to take annual leave during a temporary shutdown?

In Australia, employers are required to pay a minimum percentage of eligible employees’ earnings into a superannuation fund. This is called the ‘superannuation guarantee’ and is designed to fund retirement. Some employers are not paying the required super guarantee payments which leads us to the question, ‘What can you do about unpaid employer contributions of superannuation?”

If you're pregnant and working in paid employment, at some point you will need to discuss work and leave arrangements with your employer; including your entitlement to paid or unpaid leave, ensuring you have a safe work environment and your rights to flexible work arrangements.

Hall Payne recently acted for a member of the Queensland Nurses and Midwives Union who had action proposed to have their registration immediately suspended due to a serious assault charge.

Labour hire employees are workers employed by one company but perform their work at an external company. An increasing number of workers in Australia perform work under a labour-hire agreement. This has triggered important questions for many of those workers.

The Fair Entitlements Guarantee is a safety net scheme that provides assistance for eligible employees who have lost their jobs under specific circumstances.

The traditional understanding in relation to overpayment of wages is that money can be recovered from an employee if the overpayment arose from a mistake of fact, however, overpayment monies could not be recovered if it arose from a mistake of law.

Full Court appeals see a win for workers and their union. On 1 July 2020, the Full Court of the Federal Court dismissed two appeals, finding that the termination of employment of the affected employees did not fall within the exception of ‘ordinary and customary turnover of labour’.

If a worker feels that their employer’s conduct is forcing them to resign their employment, there are options for the worker to protect their interests. Even if you have already resigned, there may still be options to challenge the legality and validity of the termination, most commonly through an unfair dismissal claim.

In a significant win, Hall Payne recently won over $650,000 in compensation for a university worker terminated for making a complaint about their supervisor.

Hall Payne secures a great win for members of the Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers in a recent appeal to a Full Bench of the Fair Work Commission related to rejection of the Enterprise Agreement.
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