Federal Court throws casual employment into a tailspin

By Alex Millman and Lindsay Carroll, NRA Legal In a decision handed down on 16 August 2018, the Full Court of the Federal Court of Australia has thrown casual employment, and the efficacy of its use, into a tailspin. In a case which is likely to be appealed to the High Court by the employer, […]

Compliance report reveals underpayments of more than $44,000

compliance activity cafe

By Victoria Hansen and Lindsay Carroll, NRA Legal The Fair Work Ombudsman (FWO) released its findings on Degani Bakery and Café (Degani) Compliance Activity (Activity) last week, finding non-compliance at 15 out of 16 Degani outlets operating under either a licensee or franchisee arrangement with Degani Australia Pty Ltd. Background The FWO commenced the Activity […]

NRA welcomes the appointment of new Fair Work Ombudsman

The National Retail Association (NRA) has today welcomed the appointment of Sandra Parker PSM as the new Fair Work Ombudsman. The highly distinguished Ms Parker will commence her five-year term on 15 July 2018, following the conclusion of current Ombudsman’s Natalie James’s tenure. NRA CEO Dominique Lamb congratulated Ms Parker on her appointment and said […]

Retailers to the Senate – “Stop moving the goalposts on penalty rates”

The National Retail Association has demanded the Senate stop moving the goalposts on employment, saying constant threats of disruption to Fair Work arrangements were a massive disincentive to employment. The Senate is scheduled to vote this week on Labor Party amendments which would knobble the independent umpire Labor set up to management workplace relations under […]

HAVE YOUR SAY: Pay Protection Bill

The Fair Work (Pay Protection) Bill 2017 (Cth) makes several amendments to the Fair Work Act 2009 that, if passed, will have serious implications for employers using Enterprise Agreements approved after 1 January 2010. We are preparing a submission to the Fair Work Commission on the proposed changes. If you currently use an Enterprise Agreement, […]

Fair Work inspectors to audit 1600 hair and beauty salons

Hair and beauty salons and retail outlets are the focus of a new Fair Work Ombudsman compliance campaign that will target businesses along the east coast of Australia. Fair Work Inspectors will conduct audits of at least 1600 businesses in randomly selected urban and regional areas of Queensland, New South Wales and Victoria. The campaign […]

Introduction of “Corrupting Benefits” laws

by Meaghan Spencer and Troy Wild, NRA Legal Prime Minister Malcolm Turnbull and Employment Minister Michaelia Cash introduced new legislation this week that outlaws payments of “corrupting benefits” to unions and imposes penalties on those who provide or receive such payments. The Prime Minister said that the Fair Work Amendment (Corrupting Benefits) Bill 2017 would […]

Vulnerable Workers’ Bill

MEDIA RELEASE March 1, 2017 Retailers fearful legislation introduced today could spell the end for struggling SMEs The National Retail Association (NRA) has today expressed serious concerns about new provisions in the Vulnerable Workers Bill being introduced to Parliament today, making franchisors responsible for underpayment of labour within their franchisee network, and potentially forcing franchisees […]

Employer’s Options in Natural Disasters

The thoughts of the NRA team are with all those members affected by recent severe weather that has impacted South Australia and parts of Victoria this week, and has forced many shops to shut down temporarily. Unfortunately, this type of weather is not uncommon in Australia leading up to summer. As such it is important […]

Union wins adverse action claim

A Western Australia crane hire company was recently fined $25,500 for contravening sections of the Fair Work Act when they terminated a crane operator’s employment for expressing his workplace right of being underpaid for overtime. In May 2014, the mobile crane operator and the Construction, Forestry, Mining and Energy Union (CFMEU) confronted WA Universal Crane […]

Adverse action for shifting worker to part-time

This week we look at a recent case where a club was ordered to pay over $415,000 in compensation when they breached multiple IR laws and engaged in adverse action by modifying an employee’s hours from full-time to part-time without mutual consent to avoid extra costs of a worker’s compensation claim. The reduction in hours […]

IR Update: $1.3million in damages ordered to be paid for bullying and harassment

Safe Work Australia has published the Second Annual National Statement which identifies emerging trends in psychosocial health, safety and bullying in Australian workplaces. The data in the statement is based on data from accepted worker’s compensation claims involving mental stress. The statement highlights some interesting workplace trends:•the median direct cost of bullying-related workers’ compensation claims […]

Fair Work changes come into effect

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 […]

IR Update: Commission insights into stop bullying orders

In this case update, the 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. This decision provides much-needed insight into the scope […]

Requesting employees to work on a public holiday

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 […]

IR Update: “Smart Arse” sacked

An employer has been unable to successfully establish that they dismissed a client analyst as a result of poor performance. Employment of Mr Anderson with BNP was subject to a three month probationary period. Just days prior to his termination, Mr Anderson was confronted by his supervisor in earshot of other employees on 19 March […]

NRA Submission: Post-implementation review of the Fair Work Amendment Act 2013

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 […]

WHS Update September 2015

We welcome our members to the September edition of the WHS Update. With the busy period fast approaching, we would like to ask you to take a moment to reflect on whether you need to set some WH&S goals to get your staff safely through the busy period ahead. For those who need a little […]