Written by Alex Millman Members will recall from previous news alerts that there are several pieces of legislation amending the Fair Work Act currently waiting for the attention of the Senate before they can become law. Foremost among these is the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, which aims to make franchisors and […]
By Alexander Millman and Angela Szczepanski, NRA Legal Ms Shahin Tavassoli v Bupa Aged Care Mosman A recent case reminds employers that care must be taken when relying on evidence obtained from workplace surveillance to dismiss an employee, and the need to afford employees procedural fairness even when it appears to be an open-and-shut case. […]
by Alex Millman and Troy Wild, NRA Legal As a business, there is a great temptation that when faced with litigation to stick with what you know. Doubtless you will have engaged external lawyers before. Maybe they helped get the lease of your shop up and running, maybe they advised on your corporate structure, but […]
By Alex Millman and Troy Wild, NRA Legal Since the Fair Work Act appeared on the scene in 2009, the legal environment around employment law has shifted dramatically. Any person can be represented before the Fair Work Commission by a person acting as a ‘paid agent’. Whilst this is nothing new, the employee advocacy industry […]
by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can provide in their defence. Unfortunately, as we all know, ignorance is no defence. In recent years we have seen increasing exasperation from the courts when an employer contravenes an Award by underpaying staff, with fines […]
by Angela Szczepanski and Troy Wild, NRA Legal The ACT Supreme Court has ordered Coles to pay a former staff member over $1 million after she fell from a safety step she says she wasn’t trained to use. Nicole Harris suffered injuries to her right hip, right ankle, right knee and right shoulder when she […]
Written by Ben Desir and Troy Wild, NRA Legal Jia Ning Wang, owner and operator of the Fire and Stone Restaurant, has been received a $20,366 penalty, and his company Golden Vision Food and Beverage Services Pty Ltd has been penalised an additional $51,830 after it was found that he deliberately exploited young international students. […]
By Lucy Harper and Troy Wild, NRA Legal In February this year the Turnbull Government quietly issued the Fair Work Amendment (Notice of Employee Representational Rights) Regulations 2017 (‘Regulation’), which was an amendment aimed at removing a technical barrier to approval of enterprise agreements. When negotiating a new enterprise agreement, an employer must take steps to notify employees […]
by Sid Sidhu and Troy Wild, NRA Legal Full Court affirms employer’s right to compel medical assessment Grant v BHP Coal Pty Ltd [2017] FCAFC 42 (10 March 2017) The Full Federal Court has confirmed that employers have the right to dismiss an employee should they refuse to attend a medical appointment to assess their […]
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 […]
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 An electrician has been brought before a Melbourne Magistrate to face charges under Victoria’s strict workplace bullying laws. In Victoria, persons who engage in bullying behaviour can be prosecuted under the Crimes Act 1958 (Crimes Act). The Crimes Act was amended in 2011 to make serious bullying a […]
Whether you’re just starting out, or experiencing changes in your workforce, the new year is a great time to check if your employment contracts are not only compliant, but effective for your business. Effective employment contracts should: protect your business meet your employer obligations clearly define employment terms and conditions, and help manage issues should they […]
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 […]
The Fair Work Ombudsman (FWO) has secured a stay on an $800,000 costs order imposed by a judge who found in June that it had not acted in the best interests of workers when it pursued directors of the employer under the Fair Work Act’s accessorial liability provisions for underpayments of more than $1 million. […]
Christmas & Australian Consumer Law Obligations As consumers start their Christmas shopping early, the National Retail Association are reminding retail businesses to revise and align their exchange, return and refund policies to meet the Australian Competition and Consumer Commission standards. The ACCC Commissioner, Sarah Court, reported that many clothing retailers have been displaying “No Refunds” […]
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 […]
In a recent ruling, a Magistrate allowed an employee to pursue unpaid overtime and lunch break claims totalling $29,000 as the employment contract failed to properly specify provisions it purported to oust in her annualised salary. Next Residential Pty Ltd, a Perth building company, denied an employee had been directed to work through lunch breaks […]
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. The affected awards include: General Retail Industry Award 2010 Fast Food Industry Award 2010 Restaurant Industry Award 2010 Clerks Private Sector Award 2010 Hair and Beauty Industry […]
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 […]