News

Leveraging leaders – Developing your internal talent pool

As the job market remains competitive and top talent hard to find, organisations are finding it more challenging to fill leadership positions with suitable candidates. Instead of looking to external sources, many employers are investing in developing their current employees’ leadership skills. Developing leaders from within has many benefits, such as cost savings on recruiting and retaining top talent, as well as increased motivation and productivity from within your existing workforce. Here are the three most important leadership qualities that employers should look to cultivate in their employees if they want to promote leaders from within. Communication Effective communication is…

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On the Record – What are your record-keeping obligations?

As the federal government are undertaking consultations about criminalising underpayments of wages, which includes provisions for not keeping records or keeping false or inaccurate records, employers should be conscious of their record-keeping obligations. In this article, we explore employer record-keeping obligations and the consequences of not keeping records or keeping inaccurate records. Record-keeping obligations The Fair Work Act 2009 (Cth) (FW Act) and the Fair Work Regulations 2009 (Cth) (FW Regulations) provide that employers must make and keep certain records for each employee for 7 years. The records which must be kept are: Basic employment details (such as the name of the employer and…

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Common employer mistakes in the Fair Work Commission

If an employee has brought a claim, such as an unfair dismissal or general protections claim, employers are faced with the decision of attempting to defend the claim themselves or getting an expert lawyer involved. Often, the decision which led to the claim was personally made by a senior leader in the business and that person wants to defend themselves as a matter of pride, or the business becomes of the view that, if an employee can represent themselves, then they can represent themselves too. Self-represented employers commonly find themselves having ‘bit off more than they can chew’ and experience…

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The role of a support person in workplace investigations and disciplinary proceedings

As most business owners and HR professionals would be aware, the hallmark of any compliant workplace investigation or disciplinary proceeding is ensuring ‘procedural fairness’. Affording procedural fairness to an employee includes, among other things, not unreasonably refusing a support person. Where an employee is terminated and lodges an unfair dismissal claim, the Fair Work Commission (Commission), in determining whether the dismissal was harsh, unjust, or unreasonable, will take into account whether or not the employee was given the opportunity to bring a support person. As such, it is crucial for persons conducting workplace investigations and disciplinary proceedings to understand the…

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Psychosocial risks: What are your obligations?

As an employer, it is your responsibility to ensure the health and safety of your employees, not just in terms of physical health, but also in terms of mental health. An area of workplace health and safety legislation that has developed rapidly is how employers are expected to manage psychosocial hazards in the workplace. Psychosocial hazards refer to the environmental and social factors in the workplace that can affect the mental and emotional health of employees, in some cases creating a risk of psychological harm. These hazards can come in many forms, such as excessive workload, lack of support from…

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Clothing and Laundry Allowances: What You Need To Know

In conjunction with many other allowances that employees may be entitled to, ‘special clothing’ and laundry allowances can be confusing and often overlooked by businesses. In many instances, employers fall into the trap of believing that employees can simply claim such expenses on their tax return. However, this common misconception has left many employers in breach of the applicable Modern Award/s. Which retail industry specific awards contain ‘special clothing’ and/or laundry allowances? The following Modern Awards, specifically pertaining to the retail and quick service sectors, contain a variation of a clothing and/or uniform allowance: General Retail Industry Award 2020 (GRIA);…

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Common Redundancy Pitfalls to Avoid

Redundancy is a complex process that requires careful consideration and planning. Redundancies can be difficult for both employers and employees, and if not managed properly, can result in negative outcomes such as low morale, decreased productivity, and even legal implications. To avoid common pitfalls of a redundancy, it is important to have a clear understanding of the legal requirements, communicate effectively with employees, and be transparent about the reasons behind the changes. Below are some of the most common mistakes that businesses make when carrying out the redundancy process. Incorrect use of the redundancy process First and foremost, redundancy is…

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Changes to Workplace Gender Equality Agency reporting for 2023

Last week many organisations around the country celebrated International Women’s Day, however statistics show that there is still plenty of work to do to achieve true gender parity. The Workplace Gender Equality Agency (WGEA) report that Australia’s current national gender pay gap is 13.3%, meaning on average for every dollar mean earn, women earn 87 cents. Over the course of a year, this results in women earning an average of $13,182 less than men. Over 30 years, that equates to almost $400,000 less in the pockets of women, compared to men. In the retail industry, the national gender pay gap…

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Hand them over: First charges under WA Work Health and Safety Act may result in fines of $1.87m

Western Australia’s WorkSafe regulator (WorkSafe), the State’s body tasked with enforcing the Work Health and Safety Act 2020 (WA) (Act), has laid charges under the Act for the first time against a company for failing to produce documents. The recently amended Act, which came into force in March 2022, provides WorkSafe inspectors broad powers to enter workplaces, to be able to inspect or remove things from a workplace, and to require persons to assist the inspector in exercising their powers. The Act provides an express power for a WorkSafe inspector to be able to require persons to produce documents immediately…

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Engaging Junior Employees – What You Need To Know

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…

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