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Of 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…
Read MoreIn the realm of workplace relations, the expression ‘abandonment of employment’ has become synonymous with situations whereby an employee abruptly ceases to attend work for an extended period of time, without a valid explanation. While it may seem straightforward to conclude that an employee has indeed abandoned their employment, businesses must exercise caution to avoid potential legal ramifications (such as unfair dismissal), particularly where the employee has indicated they wish to continue working. The recent case of Nada Hinic v Safety Assembly Moulding Pty Ltd [2023] FWC 1006 serves as a reminder of the importance of thorough consideration before hastily…
Read MoreAs winter and the cold and flu season arrive, employers should be aware on how to appropriately manage employee absences. This article aims to provide practical insights and solutions to common questions, empowering businesses to effectively tackle the complexities of illness management in the workplace. Sending employees home If an employee attends the workplace sick, they risk passing their illness to other employees and customers. Employers have a duty to provide their workers with a safe working environment and can direct a sick employee to go home. Employers cannot force employees to take paid personal/carer’s leave, but may suggest an…
Read MoreCome Wednesday 7 June 2023, businesses will be expected to have adopted the changes relating to pay secrecy, flexible working arrangements and employee notification of zombie agreements as a part of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (the Act). These changes are just some of several significant changes to employer obligations in Australia which cover various areas including enterprise bargaining, pay secrecy, sexual harassment, flexible work arrangements, termination of enterprise agreements, and fixed-term contracts. This article will summarise these imminent changes as well as touch on future changes employers should keep their eye on for…
Read MoreWorkplace investigations can be timely and complex. From undertaking initial enquiries to undertaking witness interviews, it is important to ensure that a procedurally fair process is undertaken to maintain the integrity of the investigation and to be able to confidently rely upon its outcomes in taking disciplinary action. To ensure your next workplace investigation runs smoothly, the team at NRA Legal have developed five top tips for conducting effective workplace investigations. Plan the investigation Planning the investigation is the foundation of any successful workplace investigation. This includes identifying the scope and objective of the investigation, selecting the right team members…
Read MoreState workplace health and safety regulators have the power to issue improvement notices to businesses they believe have contravened, or are contravening, the State’s workplace health and safety legislation. It is important that businesses understand what these notices are and how to comply with them to avoid penalties or further proceedings. What is an improvement notice? Broadly, an improvement notice is a document which may be issued to an employer by a State work health and safety regulator (Regulator) to seek that the employer stop or prevent contraventions of workplace health and safety legislation (Legislation). Primarily, these are issued where…
Read MoreAs 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…
Read MoreAs 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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