As you would be aware, over the past few months three presidential-level members have resigned from the Fair Work Commission (FWC). Vice-President Graeme Watson, Senior Deputy President Matthew O’Callaghan and Senior Deputy President Peter Richards have all resigned or taken early retirement within the last year. The loss of these senior officials has the potential […]
As you are all aware, last week Fair Work Commission President Justice Iain Ross handed down the Commission’s verdict on Sunday penalty rates across a range of industries, including retail and fast food. The NRA is supportive of this decision on behalf of our members. However we are concerned by the additional level of red tape […]
by Meaghan Spencer and Troy Wild, NRA Legal Staples Australia Pty Ltd has come under fire after Fair Work Commissioner Ian Cambridge determined that the company had an “unduly hasty and largely tokenistic” approach to meeting its redundancy obligations. In July last year, Staples tried to address a one million dollar budget over-run by making […]
The long-awaited decision on weekend penalty rates in the retail and hospitality sectors is right around the corner, however the Federal Opposition has reignited debate this week after saying the ALP would move to change the law on the penalty rates, if the decision is to reduce Sunday overtime to the same rate as Saturday’s. […]
by Ben Desir, Workplace Advisor, NRA Legal After a lengthy application process, Swedish fashion retailer, H&M has had their proposed national enterprise agreement rejected by the Fair Work Commission (FWC) after failing to pass the Better Off Overall Test (BOOT). The agreement, which proposed to trade lower weekend and public holiday penalty rates for higher […]
As the excesses of Christmas and New Year make way for positive resolutions for the year ahead (eating healthily and exercising more always seem to top those lists!), we’ve continued receiving great feedback from our members on the pre-Christmas spending and Boxing Day sales periods, particularly in areas now able to trade with fewer restrictions, […]
by Meaghan Spencer, Workplace Advisor, NRA Legal Company forced to reinstate cleaner despite dismissal not being unjust A contracting company has been ordered by the Fair Work Commission (FWC) to redeploy one of its cleaners whom the company summarily dismissed after he refused to wear his uniform as part of an intentional “campaign of disobedience”. […]
NRA HAVE YOUR SAY The Shop Distributive and Allied Employees’ Association (SDA) have made a claim with the Fair Work Commission (FWC), as part of the four yearly review of modern awards, for the inclusion of blood and bone marrow donor leave to be included in the following modern awards: General Retail Industry Award 2010 […]
by Ben Desir, Workplace Advisor, NRA Legal The Fair Work Commission has approved a franchise bakery’s enterprise agreement which cuts Sunday, public-holiday and late-night penalties in exchange for higher base pay, based on meeting the ‘Better Off Overall Test’ (BOOT). The agreement covers 232 Beechworth Bakery workers at six sites across Victoria and NSW, and […]
by Ben Desir, Workplace Advisor, NRA Legal How did you do? Did you manage the mad dash for last minute Christmas gifts? Chances are you brought on a number of casual members of staff to help deal with the Christmas rush. It’s also likely that a few of these casuals really stepped up to the […]
by Angela Szczepanski, Senior Associate, NRA Legal Dismissing an employee can be stressful and is often quoted as the ‘worst part of running a business’. As well as the emotional context, it can be a long and timely process to ensure due process is followed. In particular, special care needs to be taken to minimise […]
by Victoria Hansen, Lawyer, NRA Legal The Fair Work Ombudsman (FWO) deployed an unannounced campaign in Ballarat this week to address concerns regarding potential non-compliance with Commonwealth workplace laws. The FWO campaign had a particular focus on businesses in the retail, fast food and hospitality industries and conducted more than 50 visits to retail businesses, cafes, […]
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 […]
With the festive season rapidly approaching, businesses are gearing up for Christmas work functions, but as we all know alcohol and employment don’t necessary pair well. When things get ‘out of hand’ at a Christmas party the ‘hangover’ for employers can last well beyond the morning after. We all know that employers are responsible (or […]
Last week I mentioned the ongoing review of the General Retail Industry Award, and specifically the issue of penalty rates for Sundays. This week I attended a talk on the issue by the President of the Fair Work Commission, Justice Iain Ross. While he didn’t comment on the likely decision, he did make reference to […]
The NRA has this week led a delegation to meet with Prime Minister Malcolm Turnbull, Federal Treasurer Scott Morrison, Employment Minister Michaelia Cash, and Queensland Senator James McGrath, to discuss the Coalition’s second term agenda, and to further expand on ways to reduce regulatory burdens which reduce business profitability, and in turn, the industry’s ability […]
A mineworker, along with two other colleagues who were dismissed for bullying a fellow employee by boxing his vehicle in on a highway, failed to convince the FWC that they were dismissed unfairly. Rio Tinto subsidiary Coal & Allied Mining Services Pty Ltd (Mt Thorley) conducted an investigation into the incident. As a result of […]
We are pleased to welcome our new senior lawyer, Angela Szczepanski to the National Retail Association Legal Team. Angela joins the team with over 13 years’ experience in industrial relations and has worked for a number of employer associations, private enterprises as in house counsel and for the Queensland State Government. Angela has a wealth […]