EMPLOYMENT – proper construction of enterprise agreement provisions concerning the calculation of penalty and overtime – whether allowances to be included in ‘base hourly rate’ – whether waiting time penalty provision for delay in payment of ‘wages’ applies to non-payment of allowances – held that allowances not to be included in base hourly rate and declarations accordingly – declaratory relief as to waiting time penalty refused as a matter of discretion
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0343For more information, see the original judgement.
