Articles
Redundancy is a complex process that requires careful consideration and planning. Redundancies can be difficult for both employers and employees, and if not managed properly, can result in negative outcomes such as low morale, decreased productivity, and even legal implications. To avoid common pitfalls of a redundancy, it is important to have a clear understanding of the legal requirements, communicate effectively with employees, and be transparent about the reasons behind the changes. Below are some of the most common mistakes that businesses make when carrying out the redundancy process. Incorrect use of the redundancy process First and foremost, redundancy is…
Read MoreWestern Australia’s WorkSafe regulator (WorkSafe), the State’s body tasked with enforcing the Work Health and Safety Act 2020 (WA) (Act), has laid charges under the Act for the first time against a company for failing to produce documents. The recently amended Act, which came into force in March 2022, provides WorkSafe inspectors broad powers to enter workplaces, to be able to inspect or remove things from a workplace, and to require persons to assist the inspector in exercising their powers. The Act provides an express power for a WorkSafe inspector to be able to require persons to produce documents immediately…
Read MoreThe retail and fast food sectors are some of the largest employers of junior employees in Australia. However, additional obligations are imposed on businesses engaging employees under the age of 18. While the regulations on child employment vary in each State and Territory, the applicable pieces of legislation underpinning the regulations have an overarching objective to protect children not only as vulnerable workers, but to ensure their schooling is not impacted by them entering the workforce. To take the guesswork out of navigating between each State and Territory’s differing rules, we have created a general summary of the key obligations…
Read MoreAs of 1 September 2022, the annualised wage arrangement provisions under the Restaurant Award 2020 (Restaurant Award) and the Hospitality Industry (General) Award 2020 (Hospitality Award) (collectively, the Awards) have been tightened, imposing greater obligations on employers. The changes come after the Fair Work Ombudsman (FWO) announced it would focus on wage compliance over the course of 2022-23 in a bid to curb wage theft across several industries. FWO Sandra Parker stated there are “high levels of non-compliance” across the hospitality and restaurant sectors, with vulnerable workers being particularly at risk of exploitation. What is an annualised wage arrangement?…
Read MoreSince our November article here on the Fair Work Commission’s new ‘Stop Sexual Harassment’ jurisdiction, the Federal and some State governments have announced that they will be taking steps to act on the recommendations of the Respect@Work report (the Report). The Federal Attorney General has confirmed that the government will act on the recommendations of the Report including the implementation of a positive duty on employers to take reasonable and proportionate measures to eliminate sex discrimination, sexual harassment, and victimisation as far as practicable. Additionally, a number of state governments are considering introducing a positive duty to prevent sexual harassment…
Read MoreUpon commencement of the Fair Work Act 2009 (Cth) (Act), the Fair Work Commission (Commission) was directed to undertake a 4-yearly review of all modern awards to ensure that they were meeting the objectives of the awards, respectively. In particular, the Fast Food Industry Award 2010 (Fast Food Award) has been under the microscope in recent months, having been reviewed by the Fair Work Commission and rewritten, making it more concise and user-friendly. Prior to finalisation, the Commission invited interested parties to make submissions in respect of the proposed amendments to the Fast Food Award. Having considered feedback from several…
Read MoreIn the recent decision of Fair Work Ombudsman v Delishesco Pty Ltd,[1] the Federal Circuit and Family Court has handed a Brisbane restaurant over $355,000 in penalties for ‘serious contraventions’ of the Fair Work Act 2009 (Cth) (Fair Work Act). This is among the highest overall amounts of penalties secured by the Fair Work Ombudsman (FWO) under the provisions introduced by the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (Cth) (Vulnerable Workers Act). Background The respondents, Delishesco Pty Ltd and its sole director, operated a sushi restaurant in Brisbane. Despite having been formally cautioned for similar conduct previously, the…
Read MoreWhen disaster strikes and business is suspended or employees can’t get to work, multiple employment entitlements are impacted. In this article, we wrap up some of the most frequently asked questions and examine what, exactly, employees are entitled to in the face of a natural disaster. Can I stand down my employees? One of the most frequently asked questions in the face of a natural disaster is, ‘Can I stand down my employees?’. Under section 524 of the Fair Work Act 2009 (Cth) (Fair Work Act), a stand down is available to employers where an employee cannot be ‘usefully…
Read MoreIn certain circumstances, franchisors can be held legally responsible for conduct of their franchisees that breaches workplace laws under the Fair Work Act 2009 (Cth) (Fair Work Act). Not every franchise arrangement gives rise to franchisor responsibility, and the factual requirements set out in the legislation can make it difficult to understand when liability will arise. This article discusses these obligations in more detail, setting out when and to what extent a franchisor can be held legally responsible for their franchisee’s employees. It will also cover the steps that a franchisor can take to reduce their risk. When are franchisors…
Read MoreFollowing the recent Federal election, the new Labor government under Prime Minister Anthony Albanese is expected to introduce a raft of changes to workplace laws in Australia. Going into the election, Labor’s industrial relations policy focused on job security, targeting casual employment, labour-hire and gig work, and other forms of insecure work. This article examines these anticipated changes in more detail focusing on the legislative amendments to the Fair Work Act 2009 (Cth) (Fair Work Act) that can be expected under the government-elect in the near future. What changes to the Fair Work Act are expected? The package of…
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