News
For a long time now – since the Fair Work Ombudsman first started prosecuting employers under the Fair Work Act 2009 (Cth) – it has generally been understood that accidental or inadvertent non-compliance with employment laws will be punished much less severely than deliberately unlawful activity. Those days, however, may be over, as a recent decision from Queensland – the same State which holds the record for the highest fine ever imposed under the Fair Work Act – puts employers on notice that they may still face stiff penalties even if non-compliance is inadvertent or accidental. Fair Work Ombudsman v Ava Travel Pty Ltd…
Read MoreThey say that smooth seas don’t make skilled sailors. Looking ahead to known and predicted changes in the workplace relations space in 2019, HR and People Management professionals can look forward to another eventful year. While the system can be complex, achieving and maintaining compliance with the modern awards and the Fair Work Act 2009 is fundamental in 2019 having regard for the significant, high profile underpayments in the retail and hospitality industries reported last year. It is no longer acceptable to leave matters in the hands of accountants, or to assume that the previous owner of your business had operated a compliant…
Read MoreFor many retail businesses, criminal history checks make a lot of sense. With responsibilities such as handling cash, dealing with members of the public, and working with young people, retailers are required to place a significant amount of trust and confidence in their employees. However, relying on a criminal history check to decline to offer employment, or to terminate a person’s employment, is not always good business practice. In the recent decision of KB v The Agency [2018] FWC 6937, the Fair Work Commission considered circumstances where an employee failed to disclose allegedly relevant criminal convictions. The employee, KB was employed…
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