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Criminal case against NAB over casual employee entitlements should take priority, court told
The criminal case brought by Victoria's new employment watchdog against the NAB should take precedence over the bank's case, which challenges the Wage Inspectorate's interpretation of the Fair Work Act and has now dragged NSW into the fray, a court has heard.
Tandem enters administration, scuttling $400M sham contracting class action
A $400 million class action brought by Shine Lawyers against a major Telstra and Foxtel contractor will be stayed after the company was placed into administration three months out from trial.
Tandem class action members may have been misled by news about cross-claims, judge says
A judge has found that news articles published in the Herald Sun, Daily Mail and The Australian may have given group members in a class action against a Telstra contractor the “wrong impression” that they would be exposed to a cross-claim if they failed to opt out.
Judge says tweaking class closure order requires analysis of power, won’t go there
A judge has refused to extend the date by which Coles workers can register to join an employment class action against the supermarket giant as part of a class closure order, saying the amendment would force a hearing on his power to make the order.
Tandem unit’s bid to shut down sham contracting class action fails again
A unit of telecommunications contractor Tandem has lost an appeal in its fight over the validity of a sham contracting class action by technicians alleging they were misclassified as contractors and wrongly denied benefits.
Battle over counterclaims against group members could change class action landscape
An upcoming legal battle over whether counterclaims can be brought against non-party group members in a class action against a unit of recruiter Tandem could hamper bookbuilding efforts by making class actions less attractive to group members, an expert has told Lawyerly.
Fight brewing over whether group members can face cross-claims in Tandem class action
A subsidiary of workforce management company Tandem, which contracts with Telstra and Optus, has foreshadowed future cross-claims against group members who claim they were misclassified as contractors and denied employment benefits.
Costs orders should be the exception in funded Fair Work cases, judge says
The parties in a ‘sham’ contracting class action brought on behalf of telecommunications workers have both lost bids to recover interlocutory costs, with a judge noting that costs orders against funded litigants should be the exception rather than the rule in Fair Work litigation.
Judge says FWC can hear dispute over stood down Qantas, Jetstar engineers
The workplace umpire has jurisdiction to hear a case against Qantas and its budget subsidiary Jetstar brought by the union for licenced aircraft maintenance engineers stood down during the coronavirus pandemic, a judge has ruled in a blow to the airline.
Qantas wins injunction against FWC in case by stood-down aircraft engineers
A judge has granted Qantas an injunction temporarily blocking the Fair Work Commission from hearing a case brought by the union for the airline's stood-down aircraft maintenance engineers, saying the issues raised in the case had potentially wide ramifications for all Australian businesses amid the COVID-19 pandemic.