In 2017, the ACTU claimed a new set of employee entitlements: an employee with parenting or caring responsibilities would have a right to access ‘Family Friendly Working Hours’ upon giving their employer ‘reasonable notice’; and an employee with parenting responsibilities who is on Family Friendly Working Hours would have a right to revert to their former working hours up until … Read More
Family and Domestic Violence Leave
The Fair Work Commission (FWC) has decided to provide five days’ unpaid leave per annum to all employees (including part time and casuals) experiencing family and domestic violence. This leave will be available in the event that the employee needs to do something to deal with the impact of the family and domestic violence and it is impractical for them … Read More
“Modern Slavery” legislation – Coming in 2018
The Federal Government has decided to legislate to require businesses and other organisations with a large annual turnover to lodge “modern slavery statements” and have these published on a public website run by the Government or a NGO. The threshold turnover amount is yet to be finalised (turnover of $100 million has been proposed). The reporting requirement will require large … Read More
Are your managers and supervisors modelling compliant practices?
The Fair Work Commission Full Bench’s decision in Johnson v North West Supermarkets T/A Castlemaine IGA involved an appeal from an unsuccessful unfair dismissal claim by a retail employee who was summarily dismissed after being caught removing items of stock from the store. It was noted by the Commission that the employee’s conduct breached his employer’s policies on theft and … Read More
Possible delay to scheduled four year review of modern awards
On 11 December 2017 the President of the FWC made a statement in which he expressed a provisional view that it is not practicable for another four year review to commence until the current review has been completed and before the parties have been given an opportunity to consider how the reviewed awards operate in practice. Although the current four … Read More
Did you miss our Holiday Season Webinar?
Join us for a re-streaming of our 45 minute webinar ‘Tis the Season to be…Wary’ complimentary for our AFEI members. Whilst the holiday season remains one of the most anticipated times of the year, employers can face certain challenges in running their business and managing their workplaces during this time. Our webinar includes discussion of public holiday entitlements, leave and … Read More
Federal Circuit Court: Workplace investigations can be adverse action
The Federal Circuit Court decision of Findley v MSS Security Pty Ltd handed down on 27 November 2017 involved a Security Officer who accused his employer of contravening his workplace rights by allegedly subjecting him to a misconduct investigation because he exercised a workplace right to be involved in proceedings to terminate an enterprise agreement, and because of his disability. … Read More
Threat to reduction in penalty rates
On December 4 Labor and cross bench Senators successfully amended a government Bill to include provisions overturning the Fair Work Commission’s February 2017 decision to reform some Sunday and public holiday penalty rates in some hospitality and retail awards. The new rates started taking effect from 1 July 2017. The Bill, the Repeal of 4 Yearly Reviews and Other Measures … Read More