Court confirms employer’s right to direct employees on sick leave

By Alex Millman and Lindsay Carroll, NRA Legal When employees are absent from work on sick leave, employers often have...

By Alex Millman and Lindsay Carroll, NRA Legal When employees are absent from work on sick leave, employers often have to walk a narrow line between the lawful and the unlawful. On the one hand, the employee has the right to be absent on sick leave, and interfering with that right...

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Have your say: Paid Parental Leave

The NRA frequently invites its members to participate in surveys on important workplace relations matters. As a peak body for...

The NRA frequently invites its members to participate in surveys on important workplace relations matters. As a peak body for the retail and fast food industries, the data helps to inform our advocacy on behalf of our members and industry and will help us to track trends on key workplace...

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3.5% increase to wages from 1 July 2018

The Fair Work Commission handed down its decision in the Annual Wage Review at 11:00AM this morning in Sydney. Effective...

The Fair Work Commission handed down its decision in the Annual Wage Review at 11:00AM this morning in Sydney. Effective from 1 July 2018, the minimum base wage payable under Modern Awards and the National Minimum Wage Order will increase by 3.5%. NRA will be reviewing our wage summaries in light...

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Reinstatement for bus driver dismissed for “abuse” towards management

By Sooraj Sidhu and Lindsay Carroll, NRA Legal A bus driver and former police officer has won reinstatement to their...

By Sooraj Sidhu and Lindsay Carroll, NRA Legal A bus driver and former police officer has won reinstatement to their previous role after being dismissed by his employer on-the-spot for misconduct and unsatisfactory conduct towards the General Manager. Commissioner Donna McKenna, who described the employee as an “impressive and credible witness”,...

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Deliberate contraventions of workplace laws empties employer’s pockets

By Emma Treherne and Lindsay Carroll, NRA Legal An employer who deliberately withheld parental leave payments to an employee...

By Emma Treherne and Lindsay Carroll, NRA Legal An employer who deliberately withheld parental leave payments to an employee has been ordered to pay a whopping $98,700.00 in penalties. Judge Nicholls of the Federal Circuit Court of Australia held that both the employer and company director of the employer broke...

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New amendments proposed to Fair Work Act

By Alex Millman and Lindsay Carroll, NRA Legal This morning, Greens MP Adam Bandt introduced the Fair Work Amendment (Making...

By Alex Millman and Lindsay Carroll, NRA Legal This morning, Greens MP Adam Bandt introduced the Fair Work Amendment (Making Australia More Equal) Bill 2018. This is the fourth set of amendments to the Fair Work Act 2009 that Mr Bandt has proposed so far this year, and the third he...

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Employer underpaying employees, spends night in jail

By Victoria Hansen and Lindsay Carroll, NRA Legal Following a night in jail, a Northern Queensland employer who underpaid his...

By Victoria Hansen and Lindsay Carroll, NRA Legal Following a night in jail, a Northern Queensland employer who underpaid his staff has won a stay on a 12 month jail term which was imposed for defying a court order. The Fair Work Ombudsman (FWO) who brought the case against the owner-operator...

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Important changes to long service leave in Victoria

By Alex Millman and Lindsay Carroll, NRA Legal Last week, the Victorian Parliament passed the Long Service Act 2018 (the...

By Alex Millman and Lindsay Carroll, NRA Legal Last week, the Victorian Parliament passed the Long Service Act 2018 (the new LSL law), which will replace the current long service leave legislation in Victoria. Whilst much will remain the same, there are some key points of which employers in Victoria will...

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Visual contracts – opportunity or risk?

By Alex Millman and Lindsay Carroll, NRA Legal Written contracts are a staple of legal relationships, including the employment relationship....

By Alex Millman and Lindsay Carroll, NRA Legal Written contracts are a staple of legal relationships, including the employment relationship. They are not without their problems – long, complicated, wordy, incomprehensible, full of legalese … as lawyers, we have heard all of these complaints. To combat this, engineering and infrastructure consultancy...

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Employer’s unfair dismissal objection fails after incorrect count of staff numbers

By Alex Millman and Lindsay Carroll, NRA Legal It is no secret that the retail, fast food and restaurant industries...

By Alex Millman and Lindsay Carroll, NRA Legal It is no secret that the retail, fast food and restaurant industries include the highest proportion of casual employees in Australia. This means that, when it comes to matters like unfair dismissals, it can sometimes be hard to determine how casual employees...

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Dismissals: Beyond the Investigation

By Alex Millman and Lindsay Carroll, NRA Legal When an employee has done the wrong thing, it is natural to...

By Alex Millman and Lindsay Carroll, NRA Legal When an employee has done the wrong thing, it is natural to feel aggrieved. However put-out you may be, you must always remember to step back from the situation and be objective when responding to misconduct in your business and if appropriate,...

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NOTICE TO MEMBERS

NOTICE TO MEMBERS On 20 April 2018 the National Retail Association lodged an application with the Fair Work Commission for...

NOTICE TO MEMBERS On 20 April 2018 the National Retail Association lodged an application with the Fair Work Commission for certification of alterations to its rules (other than eligibility rules). The changes concern the timing of the 2018 elections for Board Members of the Association. The Application can be accessed...

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Fair Work Ombudsman’s Workplace Basics Campaign

The Fair Work Ombudsman (FWO) has recently consulted with the NRA regarding the first phase of the Workplace Basics...

The Fair Work Ombudsman (FWO) has recently consulted with the NRA regarding the first phase of the Workplace Basics Campaign, a national campaign focusing on small business employers and their compliance with fundamental workplace obligations. As part of this first phase, Fair Work Inspectors will be contacting around a thousand...

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Teacher held liable as a ‘worker’ for work health and safety breach

By Sooraj Sidhu and Lindsay Carroll, NRA Legal In a rare prosecution of a worker under the Work Health and...

By Sooraj Sidhu and Lindsay Carroll, NRA Legal In a rare prosecution of a worker under the Work Health and Safety Act 2011 (Qld) (the Act), the Queensland Magistrates Court has held a school science teacher liable for breaching his duty to take reasonable care for the health and safety...

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Inaction by Employer leads to FWC anti-bullying order

By Victoria Hansen and Lindsay Carroll, NRA Legal The Fair Work Commission has found that a hotel manager and human...

By Victoria Hansen and Lindsay Carroll, NRA Legal The Fair Work Commission has found that a hotel manager and human resources advisor behaved unreasonably towards an employee by failing to follow their own policy to investigate her allegations of bullying. Jennifer Watts FWC 1455 (20 March 2018) The claim The employee, Ms...

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New Fair Work amendments in Parliament as Commission proposes to add domestic violence leave to awards

By Alex Millman, NRA Legal Yesterday in Parliament, Greens MP Mr Adam Bandt proposed two new amendments to the Fair...

By Alex Millman, NRA Legal Yesterday in Parliament, Greens MP Mr Adam Bandt proposed two new amendments to the Fair Work Act 2009 (the Act). The first of these, the Fair Work Amendment (Better Work/Life Balance) Bill 2018, proposes to amend the flexible working arrangements provisions of section 65 of the...

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