News

Casuals and Jobkeeper: casual absenteeism and disciplinary processes

Although reasonably new (and still changing), the JobKeeper program has, so far, had a mixed effect on businesses. Whilst some employers have embraced it wholeheartedly others, especially those with a workforce comprised largely of casual employees usually earning less than $1,500 a fortnight, have been more hesitant to undertake the significant cost increase to meet the requirements of the scheme. In the retail industry in particular, the NRA has been receiving reports of casual employees making themselves unavailable for work for unsupported reasons or indeed no reason at all, secure in the knowledge that they will be paid $1,500 a…

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Beyond JobKeeper: Alternative flexibility options in the coronavirus epoch

Many of our readers will doubtless be aware, by virtue of the many, many circulars issued in recent weeks, of the temporary amendments to the Fair Work Act 2009 (Cth) which allow employers greater flexibility in the engagement of employees who are receiving JobKeeper payments. These measures include statutory authorization to direct employees to work fewer hours than their contracts, or their modern award or enterprise agreement, would otherwise require them to work, without any penalty to the employer provided certain requirements are met. Relatively little attention appears to have been brought to amendments made to 103 modern awards on the same day that…

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Fair Work Commission hands down first COVID-19 related redundancy pay decisions

The Fair Work Commission has set the benchmark for employers seeking to reduce the amount of redundancy pay payable to employees who were made redundant due to a downturn in business as a result of COVID-19. Earlier this month, the FWC heard an application from Mason Architectural Joinery Pty Ltd, a small joinery and cabinet making business in Melbourne, and three applications from Worthington Industries Pty Ltd, which commercially manufactures products for the building, furniture, caravan and rail industries. Both businesses sought to reduce the amount of redundancy pay payable to employees on the basis that COVID-19 had caused a downturn in business…

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The essential guide to redundancy during COVID-19

The unprecedented disruption caused by coronavirus (COVID-19) has left many employers considering their immediate options to reduce expenditure over the coming weeks and months. In most cases, substantial cost-savings may be able to be achieved by consulting with employees about reducing their hours of work by agreement or taking annual leave until the business is able to recover. However, should these avenues prove unsuccessful the only option available to employers to ensure the continuation of their business may be to make positions redundant. Where at least 15 employees are made redundant, employers are also required to notify Centrelink in writing…

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Fair Work Commission proceedings: Head in the sand, or head in the game?

Receiving notice of any legal proceedings is enough to make the blood run cold of most business owners and HR professionals. For many, the process of defending such an application can be time consuming and emotionally taxing. While much work has been done to simplify and streamline Fair Work Commission processes, employers often find complying with these rules and procedural steps to be quite daunting. In some cases, this can lead to parties becoming disengaged from the proceedings, which only makes things worse for both themselves and the other party. The advice of experienced professionals can assist greatly in navigating…

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Legal Beagles | Bullying in the workplace

A topic very near and dear to the Legal Beagles hearts.  Cal and Al return this week with a topic causing some stress for well-known brands – workplace bullying (aka exhibit one for Cal’s claim to the Fair Work Commission). But the topic of workplace bullying is no laughing matter. It can cause physical and psychological harm, and needs to be dealt with in a decisive manner. Join the #LegalBeagles on a discussion on what constitutes bullying and how to deal with it. Like, comment and subscribe to our National Retail Association YouTube channel to continue supporting Cal and Al! We’ve discussed bullying, wage theft, and the top Fair…

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The essential guide to redundancy

In the current economic climate, it is critical for businesses to constantly identify opportunities to improve efficiency and reduce expenditure. While the prospect of redundancies is certainly not pleasant, they are often times unavoidable. Alongside the factors that necessitate a redundancy in the first place, it is also important for businesses to understand the many implications associated with redundancies, and the protections and entitlements available to employees who have been made redundant. In this article we break down the two sides to a redundancy: genuine redundancy as a response to a termination claim, and the entitlement to receive redundancy pay.…

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ATO says it’s time for business to move to myGovID: Deadline approaching of AUSkey retiring in March

If you’re about to lodge a Business Activity Statement (BAS) through the ATO’s Business Portal, now is the time to make the switch. On 27 March, the ATO and 26 other government agencies will retire the decade old AUSkey and the Manage ABN Connections login credentials. This means anyone who uses the ATO’s Business Portal or a range of other government online services will need to setup and use myGovID. The myGovID app is available to download to your smart device, using security features in your device such as fingerprint, face or password to help keep your information secure. This…

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‘He said, she said’: Investigating sexual harassment in the workplace

Investigating an allegation of sexual harassment in the workplace can be one of the greatest challenges a HR professional or employer can face. An allegation of sexual harassment in the workplace carries with it a number of significant implications. For the person making the complaint (or ‘complainant’), who may have already suffered a physical or psychological injury, there is the real possibility of retribution for having spoken out. For the person accused of sexual harassment (or ‘respondent’), in the case of vexatious complaints, the danger of personal and professional reputational damage cannot be understated. For the investigator responsible for determining…

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Coronavirus: Frequently asked questions by employers in the midst of an outbreak

As we’ve entered a new year, we’ve seen the emergence of a new danger, in the form of the outbreak of the novel coronavirus. The first cases were reported in the Chinese city of Wuhan, in Hubei Province on 31 December 2019 when a number of people were diagnosed with pneumonia like symptoms, and since then has spread throughout the world, including to Australia, with 12 cases confirmed in Australia. With the death toll at 362, and more than 17,300 infections confirmed globally, countries around the world are currently engaging in a range of quarantine measures to try to stem…

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