Message from the CEO: 30 January 2017

The long-awaited decision on weekend penalty rates in the retail and hospitality sectors is right around the corner, however...

The long-awaited decision on weekend penalty rates in the retail and hospitality sectors is right around the corner, however the Federal Opposition has reignited debate this week after saying the ALP would move to change the law on the penalty rates, if the decision is to reduce Sunday overtime...

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H&M enterprise agreement fails BOOT

by Ben Desir, Workplace Advisor, NRA Legal After a lengthy application process, Swedish fashion retailer, H&M has had their proposed...

by Ben Desir, Workplace Advisor, NRA Legal After a lengthy application process, Swedish fashion retailer, H&M has had their proposed national enterprise agreement rejected by the Fair Work Commission (FWC) after failing to pass the Better Off Overall Test (BOOT). The agreement, which proposed to trade lower weekend and public holiday...

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Message from the CEO: 16 January 2017

As the excesses of Christmas and New Year make way for positive resolutions for the year ahead (eating healthily...

As the excesses of Christmas and New Year make way for positive resolutions for the year ahead (eating healthily and exercising more always seem to top those lists!), we’ve continued receiving great feedback from our members on the pre-Christmas spending and Boxing Day sales periods, particularly in areas now...

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Company forced to reinstate disobedient cleaner

by Meaghan Spencer, Workplace Advisor, NRA Legal Company forced to reinstate cleaner despite dismissal not being unjust A contracting company has...

by Meaghan Spencer, Workplace Advisor, NRA Legal Company forced to reinstate cleaner despite dismissal not being unjust A contracting company has been ordered by the Fair Work Commission (FWC) to redeploy one of its cleaners whom the company summarily dismissed after he refused to wear his uniform as part of an...

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NRA HAVE YOUR SAY: Blood & bone marrow donor leave

NRA HAVE YOUR SAY The Shop Distributive and Allied Employees’ Association (SDA) have made a claim with the Fair Work...

NRA HAVE YOUR SAY The Shop Distributive and Allied Employees’ Association (SDA) have made a claim with the Fair Work Commission (FWC), as part of the four yearly review of modern awards, for the inclusion of blood and bone marrow donor leave to be included in the following modern awards: ...

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Bakery agreement balances the BOOT

by Ben Desir, Workplace Advisor, NRA Legal The Fair Work Commission has approved a franchise bakery’s enterprise agreement which cuts...

by Ben Desir, Workplace Advisor, NRA Legal The Fair Work Commission has approved a franchise bakery’s enterprise agreement which cuts Sunday, public-holiday and late-night penalties in exchange for higher base pay, based on meeting the ‘Better Off Overall Test’ (BOOT). The agreement covers 232 Beechworth Bakery workers at six sites across...

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Hanging onto Christmas Casuals: A Guide for Retailers

by Ben Desir, Workplace Advisor, NRA Legal How did you do? Did you manage the mad dash for last minute...

by Ben Desir, Workplace Advisor, NRA Legal How did you do? Did you manage the mad dash for last minute Christmas gifts? Chances are you brought on a number of casual members of staff to help deal with the Christmas rush. It’s also likely that a few of these casuals really...

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Dismissals can be stressful and risky

by Angela Szczepanski, Senior Associate, NRA Legal Dismissing an employee can be stressful and is often quoted as the 'worst...

by Angela Szczepanski, Senior Associate, NRA Legal Dismissing an employee can be stressful and is often quoted as the 'worst part of running a business'. As well as the emotional context, it can be a long and timely process to ensure due process is followed. In particular, special care needs to...

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FWO blitz targets Ballarat without warning

by Victoria Hansen, Lawyer, NRA Legal The Fair Work Ombudsman (FWO) deployed an unannounced campaign in Ballarat this week to address...

by Victoria Hansen, Lawyer, NRA Legal The Fair Work Ombudsman (FWO) deployed an unannounced campaign in Ballarat this week to address concerns regarding potential non-compliance with Commonwealth workplace laws. The FWO campaign had a particular focus on businesses in the retail, fast food and hospitality industries and conducted more than 50 visits...

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FWO rolls out regional campaigns

The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help...

The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help employers and employees understand their legal rights and obligations. According to the FWO, the campaigns include compliance and education activities, such as providing a range of tools, resources and assistance to...

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Message from the CEO: 28 November 2016

This week will we see the final release of trade data from the Australian Bureau of Statistics before the...

This week will we see the final release of trade data from the Australian Bureau of Statistics before the Christmas and Boxing Day trading period. It should give us a clearer indication of how consumer sentiment is tracking as we move into the most important month of the year for...

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Casuals can claim unfair dismissal

by Angela Szczepanski, Senior Associate, and Ben Desir, Workplace Advisor Casual employment and dismissal It is common practice for a retailer...

by Angela Szczepanski, Senior Associate, and Ben Desir, Workplace Advisor Casual employment and dismissal It is common practice for a retailer to employ casual employees due to the relative simplicity of the arrangement (e.g. paid a loading in lieu of leave entitlements). However, did you know that casual employees could have the...

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Are You Ready for Business Christmas Functions?

With the festive season rapidly approaching, businesses are gearing up for Christmas work functions, but as we all know...

With the festive season rapidly approaching, businesses are gearing up for Christmas work functions, but as we all know alcohol and employment don’t necessary pair well. When things get ‘out of hand’ at a Christmas party the ‘hangover’ for employers can last well beyond the morning after. We all know...

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Message from the CEO: 3 October 2016

Last week I mentioned the ongoing review of the General Retail Industry Award, and specifically the issue of penalty...

Last week I mentioned the ongoing review of the General Retail Industry Award, and specifically the issue of penalty rates for Sundays.  This week I attended a talk on the issue by the President of the Fair Work Commission, Justice Iain Ross.  While he didn’t comment on the likely...

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Message from the CEO: 26 September 2016

The NRA has this week led a delegation to meet with Prime Minister Malcolm Turnbull, Federal Treasurer Scott Morrison,...

The NRA has this week led a delegation to meet with Prime Minister Malcolm Turnbull, Federal Treasurer Scott Morrison, Employment Minister Michaelia Cash, and Queensland Senator James McGrath, to discuss the Coalition’s second term agenda, and to further expand on ways to reduce regulatory burdens which reduce business profitability,...

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Termination of bully upheld as a fair dismissal

A mineworker, along with two other colleagues who were dismissed for bullying a fellow employee by boxing his vehicle...

A mineworker, along with two other colleagues who were dismissed for bullying a fellow employee by boxing his vehicle in on a highway, failed to convince the FWC that they were dismissed unfairly. Rio Tinto subsidiary Coal & Allied Mining Services Pty Ltd (Mt Thorley) conducted an investigation into the...

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