The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help employers and employees understand their legal rights and obligations. According to the FWO, the campaigns include compliance and education activities, such as providing a range of tools, resources and assistance to businesses to ensure compliance with […]
This week will we see the final release of trade data from the Australian Bureau of Statistics before the Christmas and Boxing Day trading period. It should give us a clearer indication of how consumer sentiment is tracking as we move into the most important month of the year for retail. An analysis released by […]
by Angela Szczepanski, Senior Associate, and Ben Desir, Workplace Advisor Casual employment and dismissal It is common practice for a retailer to employ casual employees due to the relative simplicity of the arrangement (e.g. paid a loading in lieu of leave entitlements). However, did you know that casual employees could have the same rights as […]
Accessorial liability provisions have been used by the Fair Work Ombudsman (FWO) to secure substantial penalties across the chain of command of frozen yoghurt franchise, Yogurberry, for underpaying four overseas workers. Under s 550 of the Fair Work Act 2009 (Cth) (the Act) accessorial liability means that a person who is involved in a contravention […]
The Fair Work Ombudsman has warned employers and those in management positions to be careful of their actions when it comes to workplace liability. Accessorial liability provisions contained in the Fair Work Act now make it possible that with body corporate employers, proceedings may be brought not only against the principal corporate offender, but also […]
Leading up to the closure of the casual conversation case in the 4 yearly Modern Award Review, a submission has been made to the Fair Work Commission (FWC) that if casuals are converted to part-time employees after 12 months, and if their service as a casual is counted towards redundancy payouts, it will result in […]
As an employer there is a lot of grey area when paying employees and whether paying in cash is legal. Surprisingly too many, employers who pay employees wages through cash is actually a legal practice in Australia, however, there are requirements that must be met. The term ‘cash-in-hand’ is however considered illegal as this phrase […]
The Federal Circuit Court of Australia dismissed an adverse action claim made by a Sales Manager after she was dismissed due to failure to provide sufficient evidence for a compassionate leave request. Jasmine Morris was employed as a Sales Manager at Allied Express Transport Pty Ltd and had previously been reported to have “inconsistencies” with […]
This week we look at a recent case which serves as a timely reminder to employers engaging in enterprise bargaining to take note of the time requirements as detailed in the Fair Work Act 2009 (Cth). If you are considering bargaining or if your enterprise agreement is due to expire, call and speak to an […]
The Fair Work Ombudsman has handed down a record fine of over $200,000 to the owner of a Sydney 7-Eleven after they found he had short-changed two migrant employees and falsified records. The penalties were the largest delivered as a warning to others who may be tempted or engaging in similar conduct. In late 2015 […]
On the 27th November 2015, certain changes came into effect in respect of the Fair Work Act 2009 (“the Act”) pursuant to the recent passing of Parliament of the Fair Work Amendment Bill 2014. The key changes to the Act which are of most relevance are as follows: Parental Leave changes: An employer cannot refuse […]
Given the public holidays that are fast approaching, members are reminded of the following matters arising out of section 114 of the Fair Work Act 2009 when requesting employees to work on a public holiday: 1. An employee is entitled to be absent from work on a day or a part-day that is a public […]
Article by F.Dunstone – Workplace Advisor In this case update, the National Retail Association (NRA) Legal team reviews the recent Fair Work Commission decision on 16 November 2015 of Sharon Bowker, Annette Coombe and Stephen Zwarts v DP World Melbourne Limited T/A DP World; Maritime Unions of Australia, The, Victorian Branch and Others [2015] FWC 7312. […]
The recent case of Fair Work Ombudsman v F.L. Press Pty Ltd & Anor (No 2) [2015] FCCA 2967 (4 November 2015) serves as a timely reminder to employers to seek advice as to the appropriate classification of employees, and be mindful of what actions might be considered adverse to the employee and open the […]
The NRA recently made a submission to the Department of Employment in relation to the review that the Department is currently conducting into various aspects of the Fair Work Amendment Act 2013. Our submissions addressed various provisions that were incorporated within the Fair Work Act 2009 as a result of this amending legislation which have […]