We are pleased to welcome our new senior lawyer, Angela Szczepanski to the National Retail Association Legal Team. Angela joins...
We are pleased to welcome our new senior lawyer, Angela Szczepanski to the National Retail Association Legal Team. Angela joins the team with over 13 years’ experience in industrial relations and has worked for a number of employer associations, private enterprises as in house counsel and for the Queensland State...
Leading up to the closure of the casual conversation case in the 4 yearly Modern Award Review, a submission...
Leading up to the closure of the casual conversation case in the 4 yearly Modern Award Review, a submission has been made to the Fair Work Commission (FWC) that if casuals are converted to part-time employees after 12 months, and if their service as a casual is counted towards...
It is anticipated that the Fair Work Commission will make a decision regarding weekend penalty rates by September. Adjustments to...
It is anticipated that the Fair Work Commission will make a decision regarding weekend penalty rates by September. Adjustments to weekend penalty rates has been one of several issues flagged as a part of the Commission’s 4 year review of the Modern Awards. A number of submissions and applications have...
As part of the Modern Award Review currently underway at the Fair Work Commission (FWC), two matters have recently...
As part of the Modern Award Review currently underway at the Fair Work Commission (FWC), two matters have recently been highlighted as “common issues” following multiple applications to alter several awards. The applications relating to provisions that regulate payment of wages and annualised salary provisions have each been grouped...
As of Friday 8th July, the Fair Work Commission (FWC) launched a revitalised website with new design and features...
As of Friday 8th July, the Fair Work Commission (FWC) launched a revitalised website with new design and features which have been based on feedback compiled through a website usability survey by stakeholders. The Commission was seeking feedback to improve the design, user experience and the functionality of the...
On 15 June 2016, the Fair Work Commission released a statement to advise how the Full Bench proposed to...
On 15 June 2016, the Fair Work Commission released a statement to advise how the Full Bench proposed to deal with the payment of wages in relation to five issues; timing of payment of wages, removing a restriction on the days for payment of wages, timing of payment on...
On Monday 20th June, the Federal Circuit Court imposed a record penalty of over $400,000 against a West End...
On Monday 20th June, the Federal Circuit Court imposed a record penalty of over $400,000 against a West End 7-Eleven store that systematically exploited employees. As Judge Jarrett found the 7-Eleven franchisee had shown “contemptuous disregard” for Australian workplace law and deceiving the Fair Work Ombudsman (FWO), he handed down...
A former employee’s unfair dismissal claim has been given new life at a Fair Work Commission hearing. A worker...
A former employee’s unfair dismissal claim has been given new life at a Fair Work Commission hearing. A worker was granted permission by the Commission to pursue her unfair dismissal claim, 64 days outside the 21 day statutory limit. Senior Deputy President (Snr DP) Lea Drake considered the worker’s statement...
On 23 May 2016, the Fair Work Commission (FWC) handed down a decision as part of their four-yearly review...
On 23 May 2016, the Fair Work Commission (FWC) handed down a decision as part of their four-yearly review of the modern awards. Last year the FWC determined model clauses regarding ‘cashing out of annual leave’; ‘excessive annual leave’; ‘electronic funds transfer and paid annual leave;’ and ‘granting leave...
In a recent case before the Fair Work Commission, a human resources manager has been held responsible for failing...
In a recent case before the Fair Work Commission, a human resources manager has been held responsible for failing to adequately prepare their colleague in the investigation of an employee. The employee, who had provided over 30 years of service to K&S Freighters Pty Ltd, was called to a meeting...
In a recent case regarding a human resource manager, manager and a long-serving employee, the Fair Work Commission has...
In a recent case regarding a human resource manager, manager and a long-serving employee, the Fair Work Commission has found that a better briefing to a manager should have occurred before he dismissed an employee during a meeting. The employee had been working for K&S Freighters Pty Ltd for...
You may have seen some media reporting this week about the upcoming Annual Wage Review of minimum wages, and...
You may have seen some media reporting this week about the upcoming Annual Wage Review of minimum wages, and the National Retail Association’s position leading the discussion on behalf of retailers. I’d like to share with you some of the thinking that informs our submission on this issue each year. As...
The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of...
The demotion of an employee may not in all circumstances meet the meaning of dismissed in section 385 of the Fair Work Act 2009 (Cth) (the Act). Consideration must be given to the continuation of employment, the whether the demotion imposed a significant reduction in status and payment. The recent...
Employers are reminded to take caution when sending their employees for a medical assessment, as a recent case has...
Employers are reminded to take caution when sending their employees for a medical assessment, as a recent case has brought to light the consequences of dismissing an employee on these grounds. In the case of Norman v Lion Dairy and Drinks Limited, an employee who suffered from a serious skydiving...
In a recent decision before the Fair Work Commission, it has been held that volunteers are unable to make...
In a recent decision before the Fair Work Commission, it has been held that volunteers are unable to make anti-bullying claims against their employers, as they do not satisfy the definition of “worker” under s 789FC of the Fair Work Act 2010 (Cth). In the facts of this case, a...
In a recent case before the Fair Work Commission, it was decided that employees working under “special purpose contracts”...
In a recent case before the Fair Work Commission, it was decided that employees working under “special purpose contracts” were not eligible for redundancy pay on termination of their employment. Special purpose contracts include agreements whereby the employee has been contracted to perform a particular task or for a...