News
In a further significant development in the industrial relations arena, the Fair Work Commission (the Commission) announced on Friday that it will be reviewing seven commonly used modern awards. The announcement follows correspondence from the Hon. Tony Burke MP, Minister for Employment and Workplace Relations to Adam Hatcher, President of the Fair Work Commission dated 12 September 2023 requesting a review. The seven modern awards proposed for review are: General Retail Industry Award 2020; Fast Food Industry Award 2010; Restaurant Industry Award 2020; Hospitality Industry (General) Award 2020; Clerks—Private Sector Award 2020; Social, Community, Home Care and Disability Services Industry…
Read MoreIn a timely reminder about wage compliance, the Fair Work Ombudsman has recently persuaded a court to hold a director personally liable for underpayments made to staff. This case serves as a reminder that those who make executive decisions that result in contraventions of minimum conditions, may be held personally liable for such decisions. What is personal liability? The Fair Work Act 2009 (Cth) (Act) provides not only for a company to be able to be held liable for certain actions, but for individuals to be held liable too. Section 550 of the Act provides that “a person who is…
Read MoreSince the passage of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Act), employers have been grappling with how they can meet their duty to proactively prevent sexual harassment. The Act introduced a positive duty on employers to take reasonable and proportionate measures to eliminate unlawful sex discrimination, including sexual harassment, as far as possible. What measures are ‘reasonable and proportionate’ will depend on the organisation and the risk factors that are present, but it is clear that simply responding to complaints of sexual harassment when they occur will not be sufficient. The new President of…
Read MoreAs a manager or human resources professional in the retail or quick service sectors, managing employee performance can easily fall by the wayside amongst the hustle and bustle of day-to-day operations. In many cases, poor performance will fester because employees have not been made aware of their poor performance issues, and because their managers: don’t act promptly and skirt around key performance issues; are afraid of confrontation and dislike engaging in uncomfortable conversations; and/or are simply too busy to address the problems. However, businesses that fail to take adequate and swift action when performance issues arise are likely to face…
Read MoreThe entitlement to 10 days of paid family and domestic violence leave (FDV Leave) has now been extended to small business. Effective from 1 August 2023, small businesses must ensure that they are complying with their obligation to provide up to 10 days paid FDV Leave to their employees (as opposed to the previous 5 days). Who is entitled to the FDV Leave? FDV Leave is available to all employees who are experiencing family and domestic violence, who need to do something to deal with the impacts of that family and domestic violence, and find it impractical for them to…
Read MoreIn the ordinary course of events, once an employee communicates their resignation to an employer, and the employer accepts the resignation, it is generally considered final, and the employee usually cannot retract it if they change their mind. But what happens if an employee resigns out of anger or frustration in the ‘heat of the moment’ – is this a genuine resignation? The short answer, no. As with most rules, there is an exception in cases where an employee submits their resignation impulsively in the ‘heat of the moment.’ In this context, it’s crucial to refer to section 386(1) of…
Read MoreEmployers in Victoria have until 11 August 2023 to destroy any COVID-19 Vaccination information they have recorded or held under the Occupational Health and Safety Amendment (COVID-19 Vaccination Information) Regulations 2022 (the Regulations). Following the removal of vaccination requirements contained in “pandemic orders”, the regulations, which came in place on 12 July 2022, allowed organisations to collect, record, hold, and use COVID-19 vaccination information for a period of 12-months, after which, the data must be destroyed after 30 days. Under the regulations, ‘COVID-19 vaccination information’ includes information as to whether a specified person has: received any dose of a vaccination…
Read MoreOf all employment types, part-time employment is the category with a notorious reputation for being inflexible and includes intricacies that, if not watched carefully, can catch employers out with unforeseen consequences. Consider this example, and how you would deal with this situation in your business: Jessie calls in sick the night before her rostered shift. You call another employee, James, who agrees to take the shift. James is a part-time retail assistant employed under the General Retail Industry Award 2020 (Retail Award). Would you pay James at his ordinary rate of pay for this shift? Or should the additional shift…
Read MoreWhile we may only be halfway through the year, it is generally time to start planning for seasonal periods and how to best cover increased staffing needs. The general solution businesses turn to is enforcing blackout periods for their permanent staff and engaging casuals to cover the busy months. In light of recent cases and proposed changes to legislation we examine the validity of these practices and provide some best practice tips. Blackout periods Earlier this year, the case of CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51 provided a firm reminder to employers that they cannot just roster…
Read MoreMinimum wage increase – The Fair Work Commission will raise the National Minimum Wage to $882.80 per week or $23.23 per hour, along with a 5.75% increase to minimum award wages. The new rates will apply to affected workers starting from the first full pay period on or after 1 July 2023. Superannuation changes – The superannuation guarantee rate will rise from 10.5% to 11%. International student and working holiday visas – Student visa holders will see their allowable work hours increase from 40 to 48 hours per fortnight. Working Holiday Maker visa holders can now work for any employer for an…
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