Articles
Yesterday, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 was passed by both Houses of Parliament and will shortly enter into law. Yet despite strong support from businesses and equally strong opposition from unions, the final version of the Bill removes much of what appealed to either group with one notable exception. The previously included flexibilities for part-time employment, the criminalisation of ‘wage theft’ at a Federal level, the automatic termination of pre-Fair Work agreements and the ability for the Fair Work Commission to temporarily approve enterprise agreements that did not pass the better off overall…
Read MoreAs 2021 races by at an already alarming rate, NRA Legal takes this opportunity to remind members of several changes to the General Retail Industry Award 2020 (Retail Award) coming up in the first half of the year. Final change to casual evening penalty rates on 1 March 2021 Further the decision of the Fair Work Commission in October 2018, the penalty rates payable to casual employees after 6:00PM Monday to Friday, and on Saturdays, have been incrementally increasing over the last few years. Although changes to the Saturday penalty rate concluded on 1 March 2020, the evening penalty rate…
Read MoreGiven the extensive regulation that surrounds the minimum entitlements of employees in the Australian industrial relations system, it is still surprising how often businesses fall into the trap of “setting and forgetting” salaries for their staff. annualized salary Recent years have seen several major businesses dragged into the realm of scandal because salaries, however generous, failed to keep up with the entitlements attached to the work actually performed by their employees. Although salaries can be convenient, most notably among employees not regulated by a modern award or enterprise agreement, when applied to employees engaged under one of the aforementioned instruments…
Read MoreThe introduction of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 into Federal Parliament late last year is likely to change the way that Boards of Directors respond to reports of non-compliance or ‘wage theft’. Because of their concurrent obligations under the Corporations Act 2001 (Cth) (Corporations Act), this cohort has been particularly at risk of regulatory action taken against them in a personal capacity. The introduction of this new legislation may close a perceived ‘safe harbour’ against criminal prosecution where a Director did not personally cause a contravention of occur. This article explores the duties…
Read More2020 may have been the year the world stood still, but life – and work – continued on for many, albeit changed forever. While laws to help governments respond to the pandemic came thick and fast, many workplace laws remained effectively untouched except for very particular areas, the most obvious changes being the amendments to the Fair Work Act 2009 (Cth) (FW Act) in support of the JobKeeper program and flexibility provisions in modern awards. However, some areas of law remain untouched for now, and applying these laws to the new paradigm will remain a challenge for businesses for some…
Read MoreAs the conversation around “wage theft” continues in the media and politics, the importance of award compliance remains at the forefront of employers’ minds. Key amongst basic obligations under the law that are sometimes overlooked by employers is record-keeping. A recent decision of the Federal Circuit Court serves as a valuable reminder that failure to fulfil obligations with respect to employee records and pay slips can attract serious consequences for employers, as well as their service providers. Record-keeping requirements The Fair Work Act 2009 (Cth) (FW Act) and the Fair Work Regulations 2009 (Cth) (FW Regulations) provide that employers…
Read MoreThe Morrison Government introduced legislation last December proposing sweeping reforms of the Fair Work Act 2009 (Cth) (FW Act). The National Retail Association has long campaigned for and significantly contributed towards the development of many of these reforms including to introduce flexibility into part-time employment, defining casual employment and changes to enterprise bargaining. The National Retail Association played an important role in advocating for these issues in the Attorney-General’s industrial relations working groups which identified these key issues, and had direct input in the drafting of key provisions. NRA Legal has prepared the below summary of key changes proposed by the…
Read MoreAfter a year that has been something of a hellish rollercoaster for many businesses, a light has appeared at the end of the tunnel with the Morrison Government announcing that it intends to introduce legislation to make radical amendments to the Fair Work Act 2009 (Cth) (FW Act) on Wednesday. These amendments come after several years of advocacy by employer groups and should, hopefully, provide some much-needed flexibility and certainty for businesses. Details of what exactly the legislation will entail are yet to be released, however the government has announced some key areas of reform. Casual employment to be…
Read MoreIn what may well turn out to be the industrial relations equivalent of David versus Goliath, a former Coles employee is challenging the power of the Fair Work Commission (FWC) to dismiss certain applications. Specifically, the question before the High Court will be whether, in an application alleging “adverse action” involving dismissal, the FWC has the power to determine whether or not the employee was in fact dismissed. Milford v Coles Supply Chain Pty Ltd & Anor, B62/2020 The issue at stake The issue for the High Court to determine is which body has the power to dismiss a…
Read More