The truth about “reasonable additional hours”

By Calum Woods and Lindsay Carroll, NRA Legal After part-time employment, reasonable additional hours is one the most commonly misunderstood...

By Calum Woods and Lindsay Carroll, NRA Legal After part-time employment, reasonable additional hours is one the most commonly misunderstood concepts for employers in the retail and quick service industries. In fact, even the question “how many additional hours would be considered reasonable?” betrays a misapprehension of the topic, as the...

Read More

Safety Alert: Display Fixture Hooks

By Lucy Harper, NRA Legal In response to recent reports in retail stores of children being seriously injured on shopping...

By Lucy Harper, NRA Legal In response to recent reports in retail stores of children being seriously injured on shopping hooks, the National Retail Association takes this opportunity to highlight some practical tips for improving safety standards in relation to display fixture hooks. To protect customers and employees from injury, the...

Read More

3.0% wage increase to Modern Awards from 1 July 2019

On 30 May 2019, the Fair Work Commission handed down its decision on the Annual Wage Review, deciding to...

On 30 May 2019, the Fair Work Commission handed down its decision on the Annual Wage Review, deciding to award an increase to minimum wages of 3%. This will take effect from the first pay period commencing on or after 1 July 2019. While still higher than advocated for by...

Read More

The part-time employment dilemma and why it’s the most inflexible category

By Zoe Brodie and Calum Woods, NRA Legal What category you choose to employ someone under (full-time, part-time or casual)...

By Zoe Brodie and Calum Woods, NRA Legal What category you choose to employ someone under (full-time, part-time or casual) has more implications than simply a cost analysis of annual/sick leave or casual loading. There’s more to think about than whether to trade job security for the ability to readily downsize...

Read More

Workplace investigations – Is the journey more important than the destination?

By Calum Woods and Lindsay Carroll, NRA Legal The Fair Work Commission (per Deputy President Anderson) stated recently that a...

By Calum Woods and Lindsay Carroll, NRA Legal The Fair Work Commission (per Deputy President Anderson) stated recently that a workplace investigation “is not a court of law or a quasi-judicial proceeding. It is an internal disciplinary process guided by the principle of fairness.” There are of course a number of...

Read More

Legal Beagles | Episode 1: Biometrics

    For years now, the future of time and attendance was looking to be fingerprint scanners. The recent decision of...

    For years now, the future of time and attendance was looking to be fingerprint scanners. The recent decision of the Fair Work Commission in Lee v Superior Wood Pty Ltd FWCFB 2946 has called that future into question. Join lawyers Alex Millman and Calum Woods as they discuss...

Read More

Individuals facing tougher penalties for wage non-compliance

By Zoe Brodie and Lucy Harper, NRA Legal With the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2018 (Cth)...

By Zoe Brodie and Lucy Harper, NRA Legal With the Corporations Amendment (Strengthening Protections for Employee Entitlements) Act 2018 (Cth) (the Amendment Act) taking effect last month, now is an apt time to reflect on how officers of a company are subject to hefty penalties for failing to pay employee...

Read More

Enterprise Agreement Update

By Lucy Harper, Associate and Lindsay Carroll, Deputy CEO and Legal Practice Director The National Retail Association recently facilitated its...

By Lucy Harper, Associate and Lindsay Carroll, Deputy CEO and Legal Practice Director The National Retail Association recently facilitated its inaugural Enterprise Agreement Stakeholder Panel (EASP) meeting. The EASP is a forum for members to facilitate discussion and learning about enterprise bargaining and build industry insights into the current state...

Read More

Hop to it: Ensuring your business is ready for April public holidays

By Lucy Coogan and Zoe Brodie, NRA Legal The nature of retail means that public holiday requirements can be quite...

By Lucy Coogan and Zoe Brodie, NRA Legal The nature of retail means that public holiday requirements can be quite complex. This year, a late Easter means up to five public holidays will fall in the space of a week, raising questions as to employee entitlements, attendance, and trading hours during...

Read More

Understanding the difference between unfair dismissal claims and general protections claims

By Calum Woods and Lindsay Carroll, NRA Legal Late last year, the media introduced us to Angela Williamson, an employee...

By Calum Woods and Lindsay Carroll, NRA Legal Late last year, the media introduced us to Angela Williamson, an employee of Cricket Australia allegedly sacked after she posted on Twitter criticising the Tasmanian Government’s policy on abortion laws. Ms Williamson subsequently filed an application with the Fair Work Commission, arguing that...

Read More

Tenth anniversary of the Fair Work Act – Part 1: A change to the union landscape

By Alex Millman and Lindsay Carroll, NRA Legal With the Fair Work Act 2009 (Cth) (the FW Act) nearing its...

By Alex Millman and Lindsay Carroll, NRA Legal With the Fair Work Act 2009 (Cth) (the FW Act) nearing its tenth anniversary in April, now is an apt time to reflect on how the landscape of industrial law has changed both because of the Act, and because of changes to...

Read More

Break-ception: when a pre-shift smoko on-site is a ‘temporary absence’ from work

By Alex Millman and Victoria Hansen, NRA Legal Workers’ compensation legislation can be complicated and confusing, even to experts, and...

By Alex Millman and Victoria Hansen, NRA Legal Workers’ compensation legislation can be complicated and confusing, even to experts, and the recent Queensland case of Mandep Sarkaria v Workers’ Compensation Regulator ICQ 001 aptly demonstrates just how technically bewildering this legislation can be. In this case, the Industrial Court of...

Read More

Jail sentence and record fine against reckless employer sets benchmark for WHS prosecutions

Written by Zoe Brodie and Lindsay Carroll. In the first charge of reckless conduct to be successfully tried under...

Written by Zoe Brodie and Lindsay Carroll. In the first charge of reckless conduct to be successfully tried under the harmonised work health and safety legislation, a director of a Queensland roofing company has been sentenced to 12 months imprisonment for his contribution to the fatality of a 62-year-old...

Read More

Making a list and checking it twice: Labor IR policy a mixed bag for employers

By Alex Millman and Lindsay Carroll, NRA Legal The Australian Labor Party’s 48th Annual Conference was held in mid-December 2018,...

By Alex Millman and Lindsay Carroll, NRA Legal The Australian Labor Party’s 48th Annual Conference was held in mid-December 2018, a significant event which determined the key elements of Labor policy heading towards this year’s Federal election. A 225-page national platform was put to, and adopted by, the Labor caucus, although...

Read More

Is the customer always right? Understanding customer misbehaviour and violence in the workplace

Written by Sooraj Sidhu, Workplace Advisor and Lindsay Carroll, Legal Practice Director, NRA Legal. Customer misbehaviour, aggression and violence continues...

Written by Sooraj Sidhu, Workplace Advisor and Lindsay Carroll, Legal Practice Director, NRA Legal. Customer misbehaviour, aggression and violence continues to be a challenge for employers and employees in the retail and fast food industries. Last year, the Shop Distributive and Allied Employees Association (SDA) shed light on this burgeoning issue,...

Read More

Domestic violence victim treated fairly despite sacking

Written by Sooraj Sidhu and Lindsay Carroll A supermarket retailer has successfully defended an unfair dismissal application despite the employee’s...

Written by Sooraj Sidhu and Lindsay Carroll A supermarket retailer has successfully defended an unfair dismissal application despite the employee’s explanation that her deteriorating behaviour and performance was due to difficulties she was encountering in her personal life. In commending the employer for taking “extraordinary lengths” to support the employee, the...

Read More