We would like to take this opportunity to introduce our membership to our new lawyer on the NRA Legal team, Emma Treherne. Emma brings over 10 years’ experience in workplace relations and human resources management experience to the National Retail Association. Emma has previously worked for Australian Industry Group, a leading employer association, and in-house roles at […]
An enterprise agreement was killed by the difference between ‘is’ and ‘was’
By Alexander Millman and Angela Szczepanski, NRA Legal National Union of Workers v Sigma Company Limited t/a Sigma Healthcare [2017] FWCFB 3892 Last week, retail pharmacy group Sigma Healthcare took an industrial relations blow when the approval of its Sigma (Berrinba) Enterprise Agreement 2017 on 30 May 2017 was overturned on appeal. The National Union […]
Message from the CEO: 21 November 2016
The Federal Government’s proposed industrial relations changes go before the Senate this week – the culmination of a long-running (and distracting) national debate which has included the double dissolution election in July. Unrest on building sites may seem a long way from the issues that affect NRA members and other retailers, but the impact of […]
NRA welcomes new lawyer
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 […]
NRA staff member highlight – Dominique Lamb
Dominique Lamb is the Director of the NRA’s Legal Division and Principal of NRA Legal. She has extensive experience providing industrial relations and employment law advice to a range of small, medium and large businesses across a range of industries. Dominique brings a level passion and motivation to her role which is hard to find. […]
Member testimonial – kikki.K
kikki.K have been a member of the National Retail Association (NRA) since 2011 and in that time the legal hotline has been invaluable to our business. Having access to experts in the area of Industrial Relations to be able to sense check your approach is great, as no 2 situations are ever alike and more […]
Crane Driver’s Artwork Cause for Fair Dismissal
The Fair Work Commission (FWC) declined a former crane driver’s application for unfair dismissal as it found that he had drawn inappropriate images on documents and shipping containers as well as displayed threatening behavior towards his superiors. An investigation was conducted by the employer into allegations that the employee had drawn a two-metre-tall male genital […]
IR Update: FWC rules in favour of employee due to manager’s failure to prepare colleague for disciplinary meeting
In a recent case before the Fair Work Commission, a human resources manager has been held responsible for failing to adequately prepare their colleague in the investigation of an employee. The employee, who had provided over 30 years of service to K&S Freighters Pty Ltd, was called to a meeting with the area manager to […]
IR Update: The importance of disciplinary meetings
In a recent case regarding a human resource manager, manager and a long-serving employee, the Fair Work Commission has found that a better briefing to a manager should have occurred before he dismissed an employee during a meeting. The employee had been working for K&S Freighters Pty Ltd for over 30 years without blemish. The […]
IR Update: Bullied employee compensated by FWC for being sacked
Commissioner Julius Roe ordered PQ Australia to compensate a bullied employee $43,900 for forcing him to resign. The FWC found the employee, was unfairly dismissed before being forced to resign for failing to attend an unnecessary medical appointment to be assessed by the company’s nominated doctor. The employee had previously raised concerns about multiple bullying […]
Queensland Parliament to hear report on labour hire arrangements in 2016
Labour hire companies operating in Queensland may be subject to licensing and registration requirements in the near future, as the Queensland Parliament launches an investigation into the nature of these businesses and allegations of sham contracting. The review, headed by the Finance and Administration Committee, will consider both the social and economic impacts of these […]
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: General protections claims on the rise
According to the Fair Work Commission’s newly-released annual report, general protections claims involving termination of an employee has risen by 17.5% in 2014-15. This increase is slightly down in comparison to the previous year. However, the number of claims grew to a total of 3382, with around one third of them allowed to proceed to […]
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 […]
IR Update: Driver with Asperger’s not discriminated against
In a recent hearing in South Australia, an employer’s decision to refuse permanency to a driver with Asperger’s was deemed unfair and irrational, but not a breach of any anti-discrimination laws. According to the Tribunal, it was fair to consider the potential for future injury and therefore no breach of the Equal Opportunity Act 1984 […]