The NRA recently participated in a stakeholder session with the NSW Government, to clarify some of the ‘grey areas’...
The NRA recently participated in a stakeholder session with the NSW Government, to clarify some of the ‘grey areas’ of the new legislation regarding the three-year minimum expiry dates on gift cards, which takes effect on March 31. Some of the issues raised are answered below, however, please treat this...
By Alexander Millman and Lindsay Carroll, NRA Legal Following a protracted legal battle that involved an initial hearing, an appeal...
By Alexander Millman and Lindsay Carroll, NRA Legal Following a protracted legal battle that involved an initial hearing, an appeal and a re-hearing, the Fair Work Commission has held that an employer had no right to accept the repeated resignations of a distressed employee undergoing internal investigation. Bupa Aged Care Australia...
By Alexander Millman and Lindsay Carroll, NRA Legal The Federal Circuit Court has rejected an Australia Post employee’s claim for...
By Alexander Millman and Lindsay Carroll, NRA Legal The Federal Circuit Court has rejected an Australia Post employee’s claim for almost $200,000 of unpaid entitlements, which he alleged he had accrued by working two jobs for his employer at the same time. Judge McNab held that the two jobs were separate...
Written by Victoria Hansen, Senior Workplace Advisor, and Lindsay Carroll, Legal Practice Director In a decision made last week, the...
Written by Victoria Hansen, Senior Workplace Advisor, and Lindsay Carroll, Legal Practice Director In a decision made last week, the Fair Work Commission terminated the collective agreement of a yoghurt shop chain that had been in operation for nearly 14 years. This decision highlights how much of an impact termination...
By Lindsay Carroll, Director and Sid Sidhu, Workplace Relations Advisor, NRA Legal Earlier in 2017, the Fair Work Commission (‘FWC’)...
By Lindsay Carroll, Director and Sid Sidhu, Workplace Relations Advisor, NRA Legal Earlier in 2017, the Fair Work Commission (‘FWC’) determined that the City of Sydney RSL and Community Club had constructively dismissed a casual employee, when it denied the employee from working further “change box” shifts and reduced her...
If you’ve been following our Modern Award Series, you should by now be certain when a Modern Award will...
If you’ve been following our Modern Award Series, you should by now be certain when a Modern Award will cover your employees, what Modern Award applies and how your employees will be classified under an applicable Modern Award. Following on from Part 3 of this series, it will be necessary...
As discussed in Part 1 of our Modern Award Series, the first step to determining if a modern award...
As discussed in Part 1 of our Modern Award Series, the first step to determining if a modern award applies to your business is to check clause 4 (Coverage) of the modern award in question. This clause will set out the industry to which the award applies. You must then...
As you would have seen in Part 1 of our Modern Award Series ‘How to work out which modern...
As you would have seen in Part 1 of our Modern Award Series ‘How to work out which modern awards apply in your business?’, it can be quite confusing working out which award has coverage over a business in the ‘food services’ industry: From the diagram above, you can see...
Part 1 of our Modern Award Series – How to work out which modern awards apply in your business By...
Part 1 of our Modern Award Series – How to work out which modern awards apply in your business By Alex Millman and Emma Treherne, NRA Legal With 122 modern awards covering most industries, it can sometimes be a mind-boggling exercise to work out which one applies to your business. The...
The NRA has compiled a fact sheet on the public holidays and trading hour restrictions for each State and Territory...
The NRA has compiled a fact sheet on the public holidays and trading hour restrictions for each State and Territory over this year’s Easter and ANZAC Day period. Are you aware of what public holiday entitlements apply to your employees? Are your employees obligated to work on public holidays? Do...
By Sid Sidhu, Workplace Relations Advisor, and Emma Treherne, Principal Workplace Relations Advisor, NRA Legal Are you aware of your...
By Sid Sidhu, Workplace Relations Advisor, and Emma Treherne, Principal Workplace Relations Advisor, NRA Legal Are you aware of your obligations when making 15 or more staff redundant? Employers looking to dismiss 15 or more employees by way of redundancy are required to carry out additional obligations under the Fair Work...
By Sid Sidhu, Workplace Relations Advisor, and Emma Treherne, Principal Workplace Relations Advisor, NRA Legal If my casual employees are...
By Sid Sidhu, Workplace Relations Advisor, and Emma Treherne, Principal Workplace Relations Advisor, NRA Legal If my casual employees are not guaranteed hours, can I reduce their shifts? Often employers believe that they can reduce the hours provided to a casual employee if they are, or have been, causing issues within...
By Sid Sidhu and Emma Treherne, NRA Legal You may be surprised to learn that as it stands, the New...
By Sid Sidhu and Emma Treherne, NRA Legal You may be surprised to learn that as it stands, the New South Wales anti-discrimination laws do not prohibit employers from discriminating against prospective job seekers who are pregnant during the application process or at the date of the interview. Similarly, where an...
By Alex Millman and Justine Ansell, NRA Legal Khayam v Navitas English Pty Ltd FWCFB 5162 Members will recall that...
By Alex Millman and Justine Ansell, NRA Legal Khayam v Navitas English Pty Ltd FWCFB 5162 Members will recall that earlier this year the Full Bench of the Fair Work Commission foreshadowed that it would re-evaluate how the Commission approached fixed-term contracts in unfair dismissal cases, namely whether a contract...
The National Retail Association has demanded the Senate stop moving the goalposts on employment, saying constant threats of disruption...
The National Retail Association has demanded the Senate stop moving the goalposts on employment, saying constant threats of disruption to Fair Work arrangements were a massive disincentive to employment. The Senate is scheduled to vote this week on Labor Party amendments which would knobble the independent umpire Labor set up...
In July 2017, the Fair Work Commission determined that the: Fast Food Industry Award 2010; General Retail Industry Award...
In July 2017, the Fair Work Commission determined that the: Fast Food Industry Award 2010; General Retail Industry Award 2010; Hair and Beauty Industry Award 2010; Restaurant Industry Award 2010; would be varied to extend overtime loadings to casual employees, not just permanent employees. On Friday 24 November 2017, the Commission...