Articles
The retail and fast food sectors are some of the largest employers of junior employees in Australia. However, additional obligations are imposed on businesses engaging employees under the age of 18. While the regulations on child employment vary in each State and Territory, the applicable pieces of legislation underpinning the regulations have an overarching objective to protect children not only as vulnerable workers, but to ensure their schooling is not impacted by them entering the workforce. To take the guesswork out of navigating between each State and Territory’s differing rules, we have created a general summary of the key obligations…
Read MoreAs of 1 September 2022, the annualised wage arrangement provisions under the Restaurant Award 2020 (Restaurant Award) and the Hospitality Industry (General) Award 2020 (Hospitality Award) (collectively, the Awards) have been tightened, imposing greater obligations on employers. The changes come after the Fair Work Ombudsman (FWO) announced it would focus on wage compliance over the course of 2022-23 in a bid to curb wage theft across several industries. FWO Sandra Parker stated there are “high levels of non-compliance” across the hospitality and restaurant sectors, with vulnerable workers being particularly at risk of exploitation. What is an annualised wage arrangement?…
Read MoreSince our November article here on the Fair Work Commission’s new ‘Stop Sexual Harassment’ jurisdiction, the Federal and some State governments have announced that they will be taking steps to act on the recommendations of the Respect@Work report (the Report). The Federal Attorney General has confirmed that the government will act on the recommendations of the Report including the implementation of a positive duty on employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, and victimisation as far as practicable. Additionally, a number of state governments are considering introducing a positive duty to prevent sexual harassment…
Read MoreUpon commencement of the Fair Work Act 2009 (Cth) (Act), the Fair Work Commission (Commission) was directed to undertake a 4-yearly review of all modern awards to ensure that they were meeting the objectives of the awards, respectively. In particular, the Fast Food Industry Award 2010 (Fast Food Award) has been under the microscope in recent months, having been reviewed by the Fair Work Commission and rewritten, making it more concise and user-friendly. Prior to finalisation, the Commission invited interested parties to make submissions in respect of the proposed amendments to the Fast Food Award. Having considered feedback from several…
Read MoreIn the recent decision of Fair Work Ombudsman v Delishesco Pty Ltd,[1] the Federal Circuit and Family Court has handed a Brisbane restaurant over $355,000 in penalties for ‘serious contraventions’ of the Fair Work Act 2009 (Cth) (Fair Work Act). This is among the highest overall amounts of penalties secured by the Fair Work Ombudsman (FWO) under the provisions introduced by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) (Vulnerable Workers Act). Background The respondents, Delishesco Pty Ltd and its sole director, operated a sushi restaurant in Brisbane. Despite having been formally cautioned for similar conduct previously, the…
Read MoreWhen disaster strikes and business is suspended or employees can’t get to work, multiple employment entitlements are impacted. In this article, we wrap up some of the most frequently asked questions and examine what, exactly, employees are entitled to in the face of a natural disaster. Can I stand down my employees? One of the most frequently asked questions in the face of a natural disaster is, ‘Can I stand down my employees?’. Under section 524 of the Fair Work Act 2009 (Cth) (Fair Work Act), a stand down is available to employers where an employee cannot be ‘usefully…
Read MoreIn certain circumstances, franchisors can be held legally responsible for conduct of their franchisees that breaches workplace laws under the Fair Work Act 2009 (Cth) (Fair Work Act). Not every franchise arrangement gives rise to franchisor responsibility, and the factual requirements set out in the legislation can make it difficult to understand when liability will arise. This article discusses these obligations in more detail, setting out when and to what extent a franchisor can be held legally responsible for their franchisee’s employees. It will also cover the steps that a franchisor can take to reduce their risk. When are franchisors…
Read MoreFollowing the recent Federal election, the new Labor government under Prime Minister Anthony Albanese is expected to introduce a raft of changes to workplace laws in Australia. Going into the election, Labor’s industrial relations policy focused on job security, targeting casual employment, labour-hire and gig work, and other forms of insecure work. This article examines these anticipated changes in more detail focusing on the legislative amendments to the Fair Work Act 2009 (Cth) (Fair Work Act) that can be expected under the government-elect in the near future. What changes to the Fair Work Act are expected? The package of…
Read MoreUnpaid family and domestic violence leave has been a feature of the National Employment Standards since 2018. Arising from the Fair Work Commission’s 4-yearly review of modern awards, the Australian Council of Trade Unions (ACTU) made an application to the Fair Work Commission for all modern awards to be varied to include an entitlement for paid Family and Domestic Violence Leave (FDV Leave). Earlier this week, the Commission handed down its provisional view that all modern awards be varied to include a paid FDV Leave entitlement of 10 days. The case for paid FDV leave The Commission sought to…
Read MoreIn the current climate surrounding Covid-19, employers have sought to comply with ever changing health directions, and to safeguard their workplaces, by enacting vaccination policies and requirements. Where some employees have failed to comply with the health directions or vaccine requirements, employers have been placed in the difficult position of having to dismiss non-vaccinated employees. In an important reminder for employers to engage in a procedurally fair dismissal process, the Fair Work Commission recently held an employee refusing to be vaccinated against Covid-19 was unfairly dismissed. Significantly, however, the employee was not awarded any compensation. Unfair dismissals generally In…
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