BlandsLaw - Blog posts from award
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Determining whether your employees are award-free

In a recent case before the FWC,[1] an appeal to quash the approval of the AAA Pet Resort Enterprise Agreement considered whether employees were covered by the Miscellaneous Award 2010 as opposed to being classified “award-free”. It was submitted that the pervious commissioner erred in finding that the employees were not covered by an award.

The employer, which operates a luxury pet resort accommodation, provides pet boarding and grooming services. The employees are categorised into Level 1,2 and 3 Animal Attendants, with pay rates ranging from $17.70 per hour up to $23.00 per hour. It was the employer’s view that pet attendants were “award-free” in Queensland. During the appeal, it was argued by United Voice, who brought the appeal, that the employees were in fact covered by the Miscellaneous Award 2010. The Union contended, that to be excluded from the Award, the FWC must be satisfied that the employees must not have been traditionally covered by an award and this must have been because of the nature and seniority of

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Federal Circuit Court says company has case to answer for underpayment by subcontractor.

A company has failed to have a case summarily dismissed by claiming that it was not responsible for underpayment to workers by its subcontractor. The case was brought before the Federal Circuit Court by the Fair Work Ombudsman, and involves a South Australian company, Integrated Trolley Management (‘ITM’), one of many companies around Australia engaged to collect trolleys at various supermarkets. ITM subcontracts its services to Coastal Trolley Services (‘CTS’), who in turn subcontracts to South Jin Pty Ltd (‘South Jin’), the employer of the underpaid workers. The claim was made against South Jin as the employer and against CTS for accessorial liability.

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