The long road to compliance in 2019

By Calum Woods and Lindsay Carroll, NRA Legal They say that smooth seas don’t make skilled sailors. Looking ahead to...

By Calum Woods and Lindsay Carroll, NRA Legal They 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...

Read More

Court fires warning shots at non-compliant employers

By Alex Millman and Lindsay Carroll, NRA Legal For a long time now – since the Fair Work Ombudsman first...

By Alex Millman and Lindsay Carroll, NRA Legal 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...

Read More

Judge not: Commission confirms criminal history is no silver bullet for employers

By Calum Woods and Lindsay Carroll, NRA Legal For many retail businesses, criminal history checks make a lot of sense....

By Calum Woods and Lindsay Carroll, NRA Legal For 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...

Read More

Mismanagement, misconduct, and misconception – five myths of dismissing employees

By Alex Millman and Lindsay Carroll, NRA Legal The dismissal of an employee is possibly the single most commonly-litigated dispute...

By Alex Millman and Lindsay Carroll, NRA Legal The dismissal of an employee is possibly the single most commonly-litigated dispute between employers and employees. This is hardly surprising, given that dismissal is the most significant action an employer can take with respect to an employee (except, perhaps, hiring them in...

Read More

Elementary, my dear Commissioner: Foodora dismissal case changes nothing

By Alex Millman and Lindsay Carroll, NRA Legal On Friday 16 November 2018, the Fair Work Commission handed down its...

By Alex Millman and Lindsay Carroll, NRA Legal On Friday 16 November 2018, the Fair Work Commission handed down its decision in an unfair dismissal claim against food delivery app service Foodora. The case, brought by former Melbourne Foodora rider Mr Josh Klooger with the assistance of the Transport Workers’ Union,...

Read More

A timely reminder about “block out” periods

By Calum Woods and Lindsay Carroll, NRA Legal If your business relies on a block out period to manage leave...

By Calum Woods and Lindsay Carroll, NRA Legal If your business relies on a block out period to manage leave requests during the busy season (or you’re thinking about implementing one), there are some important things you need to know. The Fair Work Act 2009 requires that in most cases, annual...

Read More

Social media in the workplace: where do we draw the line?

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal With 60% of the Australian population actively using Facebook, there...

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal With 60% of the Australian population actively using Facebook, there is no doubt that social media has changed the way we go about our every day. In the context of managing employees, social media has blurred the lines between public and...

Read More

Important changes to termination provisions in modern awards

Earlier this year, the Fair Work Commission determined that it was necessary to vary 86 modern awards that were...

Earlier this year, the Fair Work Commission determined that it was necessary to vary 86 modern awards that were silent on the time period within which termination payments are to be made. Payment must be made within 7 days The changes provide that employers must pay an employee’s wages and all...

Read More

Over and above – attracting and retaining quality employees

By Calum Woods and Lindsay Carroll, NRA Legal Last week, Westpac’s workforce voted overwhelmingly in favour of a ground-breaking new...

By Calum Woods and Lindsay Carroll, NRA Legal Last week, Westpac’s workforce voted overwhelmingly in favour of a ground-breaking new enterprise agreement. The agreement, which was supported by the Finance Sector Union, contains a novel entitlement for transgender employees undergoing gender transition to access up to four weeks’ of paid...

Read More

Tribunal finds employer liable for unknowing discrimination

By Zoe Brodie and Alex Millman, NRA Legal A recent finding of the Victorian Civil and Administrative Tribunal highlights how...

By Zoe Brodie and Alex Millman, NRA Legal A recent finding of the Victorian Civil and Administrative Tribunal highlights how employers can be liable, even unwittingly, for discriminating against their employees. The Facts Mr Ferris was employed by the Department of Justice and Regulation at Langi Kal prison in Victoria. Unknown to...

Read More

Fair Work Commission resolves ambiguity around casual penalty rates

You will recall at the beginning of this month the NRA had reported on the Fair Work Commission’s (FWC)...

You will recall at the beginning of this month the NRA had reported on the Fair Work Commission’s (FWC) decision to introduce additional penalties for casual employees under the General Retail Industry Award 2010 (the Retail Award). Last week, the National Retail Association (NRA) intervened in the matter and filed...

Read More

Meet Calum Woods, Lawyer and Senior Workplace Relations Advisor

Calum Woods is the newest addition to the workplace relations team at the National Retail Association. Calum was a...

Calum Woods is the newest addition to the workplace relations team at the National Retail Association. Calum was a former Associate to Commissioner Spencer at the Fair Work Commission assisting with significant matters such as the family and domestic violence leave award modernisation claim, the Coles enterprise agreement termination...

Read More

Still not measuring up: sexual harassment survey paints grim picture of Australia workplaces

By Alex Millman and Victoria Hansen, NRA Legal In June this year, Sex Discrimination Commissioner Kate Jenkins launched a dedicated...

By Alex Millman and Victoria Hansen, NRA Legal In June this year, Sex Discrimination Commissioner Kate Jenkins launched a dedicated national inquiry into sexual harassment in the workplace, conducted by the Australian Human Rights Commission (AHRC). This Inquiry coincides with the AHRC’s Fourth National Survey into Workplace Sexual Harassment, which has...

Read More

The nightmare before Christmas – new penalty rates from 1 November 2018

By Calum Woods and Lindsay Carroll, NRA Legal From 1 November 2018, retailers will be required to pay a new...

By Calum Woods and Lindsay Carroll, NRA Legal From 1 November 2018, retailers will be required to pay a new evening penalty rate to casual employees for work performed after 6:00pm Monday – Friday. In a decision issued 27 September 2018, the Fair Work Commission (Commission) determined that the new penalty...

Read More

The fruits of forethought: good planning gives employers victory in Fair Work Commission

By Alex Millman and Lindsay Carroll, NRA Legal All too often, tales from the Fair Work Commission reveal the woes...

By Alex Millman and Lindsay Carroll, NRA Legal All too often, tales from the Fair Work Commission reveal the woes of what happens when employers are too trigger-happy in sacking their employees. When employers lose unfair dismissal claims, it is usually because they have jumped the gun and dismissed the employee...

Read More

NRA leading proactive responses to wage compliance in the retail and fast food industries

As the approaching Christmas season brings 2018 inexorably to a close, the NRA’s Legal Practice Director and Deputy CEO,...

As the approaching Christmas season brings 2018 inexorably to a close, the NRA’s Legal Practice Director and Deputy CEO, Lindsay Carroll reflects on a year that has been a challenging time for retailers and business in general. Never before has compliance with industrial laws been so far at the...

Read More