MEDIA RELEASE The National Retail Association (NRA) has warned that Labor’s private members bill, introduced to parliament today to block the Fair Work Commission’s reduction in Sunday penalty rates, sets a dangerous precedent for all independent ruling bodies across the nation. NRA CEO Dominique Lamb said that leveraging political interests to undermine the independence of […]
This week, the Federal Opposition has indicated it will move a private members bill to retrospectively legislate against any cuts to penalty rates, after the independent Fair Work Commission’s ruling of a reduction in five out of the 122 modern awards. While it was an entirely independent decision, made by a Commission who thoroughly examined […]
Last week, the NRA was concerned to hear the Federal Government announce that they would be cracking down on so-called ‘dodgy franchisees’ through the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, which currently sits before the federal parliament. The legislation seeks to make franchisors more responsible for underpayment of employees by franchisees and in […]
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 […]
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 […]
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 […]
Following the 4 yearly review of the Modern Awards by the Fair Work Commission, a number of changes have been introduced to ensure consistency around annual leave provisions. Under the updated Storage Services and Wholesale Award 2010: EFT: An employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay […]
As part of the Modern Award Review currently underway at the Fair Work Commission (FWC), two matters have recently been highlighted as “common issues” following multiple applications to alter several awards. The applications relating to provisions that regulate payment of wages and annualised salary provisions have each been grouped and will be considered as common […]
As of Friday 8th July, the Fair Work Commission (FWC) launched a revitalised website with new design and features which have been based on feedback compiled through a website usability survey by stakeholders. The Commission was seeking feedback to improve the design, user experience and the functionality of the website. Feedback received from stakeholders has […]
On 23 May 2016, the Fair Work Commission (FWC) handed down a decision as part of their four-yearly review of the modern awards. Last year the FWC determined model clauses regarding ‘cashing out of annual leave’; ‘excessive annual leave’; ‘electronic funds transfer and paid annual leave;’ and ‘granting leave in advance’. Cashing out of annual […]
As 2015 draws to an end and employers prepare to celebrate the Christmas season, it is worth revisiting a case that has shed some light on what is inappropriate conduct at a work function. In this case, it was held that an employee had been unfairly dismissed despite his intimidating behaviour and harassment of colleagues […]
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 […]