by Ben Desir and Troy Wild, NRA Legal A number of us are looking forward to the upcoming Easter long weekend and attending ANZAC Day ceremonies. However, for employers, public holidays can be confusing particularly when trying to determine how employees should be paid. The answer depends on whether your employees are working or not. […]
By Ben Desir and Troy Wild, NRA Legal Our Queensland and New South Wales members are taking stock after being lashed by Cyclone Debbie last week, with many still experiencing the aftermath with flooding and lack of power. When a natural disaster strikes, safety is the ultimate priority and other factors take a backseat. For […]
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 […]
The NRA is dedicated to keeping members informed of any changes that are likely to affect their businesses following the recent penalty rates decision made by the Fair Work Commission. The changes to public holiday penalty rates will take effect on 1 July 2017 and the variation of the early morning and late night loadings […]
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 Angela Szczepanski and Troy Wild, NRA Legal Fair Work Ombudsman commences legal action against IGA for underpaying employees The Fair Work Ombudsman (FWO) has commenced legal proceedings in the Federal Circuit Court against a Melbourne IGA supermarket operator who allegedly underpaid six employees and submitted false records to the FWO. The FWO have filed […]
New legislation has been introduced in the Federal Parliament with the purpose of increasing paid parental leave (PPL) to 20 weeks, which is an increase from the current 18 weeks. The Government is seeking crossbench support in the Senate for the revised PPL scheme. The changes would mean that workers whose employers who have a […]
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 […]
This week, we’ve seen more upset for Melbourne’s Bourke St Mall, after the discovery of a suspicious package left on the makeshift memorial for the now six people murdered in the 20 January vehicle rampage. After the hundreds of flowers, stuffed toys, cards, photos and balloons were removed on Monday to be replaced with a […]
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 […]
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 […]
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”. […]
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 […]
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 […]
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 […]
by Ben Desir, NRA Legal Workplace Advisor The Australian Competition and Consumer Commission (ACCC) has instituted proceedings for misleading and deceptive conduct against a technology retailer. The ACCC has accused several entities operating under the MSY Technology banner of misrepresenting consumers’ rights to remedies for faulty products, by claiming that: MSY Technology had discretion to […]
by Meaghan Spencer, NRA Legal Workplace Advisor Results from a study conducted by Australian Workplace Barometer Project have revealed that bullying is prevalent and on the rise in workplaces across Australia. A worker is bullied at work if an individual or a group of individuals repeatedly behaves unreasonably towards the worker, or a group of […]