Elementary, my dear Commissioner: Foodora dismissal case changes nothing

By Alex Millman and Lindsay Carroll, NRA Legal On Friday 16 November 2018, the Fair Work Commission handed down its...

By Alex Millman and Lindsay Carroll, NRA Legal On Friday 16 November 2018, the Fair Work Commission handed down its decision in an unfair dismissal claim against food delivery app service Foodora. The case, brought by former Melbourne Foodora rider Mr Josh Klooger with the assistance of the Transport Workers’ Union,...

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A timely reminder about “block out” periods

By Calum Woods and Lindsay Carroll, NRA Legal If your business relies on a block out period to manage leave...

By Calum Woods and Lindsay Carroll, NRA Legal If your business relies on a block out period to manage leave requests during the busy season (or you’re thinking about implementing one), there are some important things you need to know. The Fair Work Act 2009 requires that in most cases, annual...

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Social media in the workplace: where do we draw the line?

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal With 60% of the Australian population actively using Facebook, there...

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal With 60% of the Australian population actively using Facebook, there is no doubt that social media has changed the way we go about our every day. In the context of managing employees, social media has blurred the lines between public and...

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Important changes to termination provisions in modern awards

Earlier this year, the Fair Work Commission determined that it was necessary to vary 86 modern awards that were...

Earlier this year, the Fair Work Commission determined that it was necessary to vary 86 modern awards that were silent on the time period within which termination payments are to be made. Payment must be made within 7 days The changes provide that employers must pay an employee’s wages and all...

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Over and above – attracting and retaining quality employees

By Calum Woods and Lindsay Carroll, NRA Legal Last week, Westpac’s workforce voted overwhelmingly in favour of a ground-breaking new...

By Calum Woods and Lindsay Carroll, NRA Legal Last week, Westpac’s workforce voted overwhelmingly in favour of a ground-breaking new enterprise agreement. The agreement, which was supported by the Finance Sector Union, contains a novel entitlement for transgender employees undergoing gender transition to access up to four weeks’ of paid...

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Tribunal finds employer liable for unknowing discrimination

By Zoe Brodie and Alex Millman, NRA Legal A recent finding of the Victorian Civil and Administrative Tribunal highlights how...

By Zoe Brodie and Alex Millman, NRA Legal A recent finding of the Victorian Civil and Administrative Tribunal highlights how employers can be liable, even unwittingly, for discriminating against their employees. The Facts Mr Ferris was employed by the Department of Justice and Regulation at Langi Kal prison in Victoria. Unknown to...

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Fair Work Commission resolves ambiguity around casual penalty rates

You will recall at the beginning of this month the NRA had reported on the Fair Work Commission’s (FWC)...

You will recall at the beginning of this month the NRA had reported on the Fair Work Commission’s (FWC) decision to introduce additional penalties for casual employees under the General Retail Industry Award 2010 (the Retail Award). Last week, the National Retail Association (NRA) intervened in the matter and filed...

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Meet Calum Woods, Lawyer and Senior Workplace Relations Advisor

Calum Woods is the newest addition to the workplace relations team at the National Retail Association. Calum was a...

Calum Woods is the newest addition to the workplace relations team at the National Retail Association. Calum was a former Associate to Commissioner Spencer at the Fair Work Commission assisting with significant matters such as the family and domestic violence leave award modernisation claim, the Coles enterprise agreement termination...

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Still not measuring up: sexual harassment survey paints grim picture of Australia workplaces

By Alex Millman and Victoria Hansen, NRA Legal In June this year, Sex Discrimination Commissioner Kate Jenkins launched a dedicated...

By Alex Millman and Victoria Hansen, NRA Legal In June this year, Sex Discrimination Commissioner Kate Jenkins launched a dedicated national inquiry into sexual harassment in the workplace, conducted by the Australian Human Rights Commission (AHRC). This Inquiry coincides with the AHRC’s Fourth National Survey into Workplace Sexual Harassment, which has...

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The nightmare before Christmas – new penalty rates from 1 November 2018

By Calum Woods and Lindsay Carroll, NRA Legal From 1 November 2018, retailers will be required to pay a new...

By Calum Woods and Lindsay Carroll, NRA Legal From 1 November 2018, retailers will be required to pay a new evening penalty rate to casual employees for work performed after 6:00pm Monday – Friday. In a decision issued 27 September 2018, the Fair Work Commission (Commission) determined that the new penalty...

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The fruits of forethought: good planning gives employers victory in Fair Work Commission

By Alex Millman and Lindsay Carroll, NRA Legal All too often, tales from the Fair Work Commission reveal the woes...

By Alex Millman and Lindsay Carroll, NRA Legal All too often, tales from the Fair Work Commission reveal the woes of what happens when employers are too trigger-happy in sacking their employees. When employers lose unfair dismissal claims, it is usually because they have jumped the gun and dismissed the employee...

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NRA leading proactive responses to wage compliance in the retail and fast food industries

As the approaching Christmas season brings 2018 inexorably to a close, the NRA’s Legal Practice Director and Deputy CEO,...

As the approaching Christmas season brings 2018 inexorably to a close, the NRA’s Legal Practice Director and Deputy CEO, Lindsay Carroll reflects on a year that has been a challenging time for retailers and business in general. Never before has compliance with industrial laws been so far at the...

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Top tips for engaging casual employees over Christmas

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal According to recent analysis by global job search platform Indeed, 67%...

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal According to recent analysis by global job search platform Indeed, 67% of Christmas job opportunities in Australia are created in the retail sector to help serve the Christmas shopping frenzy. Last year, Australians spent in excess of $26 billion during the month...

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Changes to work arrangements – who’s to blame?

Written by Calum Woods and Lindsay Carroll, NRA Legal In a recent application for relief from unfair dismissal, Commissioner Cribb...

Written by Calum Woods and Lindsay Carroll, NRA Legal In a recent application for relief from unfair dismissal, Commissioner Cribb considered circumstances where an employee requested changes to her working arrangements, and then resigned her employment when the employer was unable to accommodate those changes. The employee argued that she was...

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Understanding uniform and laundry allowances

Understanding when to pay uniform and laundry allowances prescribed by modern awards is an issue that is commonly misunderstood...

Understanding when to pay uniform and laundry allowances prescribed by modern awards is an issue that is commonly misunderstood by employers. The misunderstanding often arises because employees can claim such allowances on their tax return. However, employers may be in breach of a Modern Award if applicable uniform and...

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Federal Court throws casual employment into a tailspin

By Alex Millman and Lindsay Carroll, NRA Legal In a decision handed down on 16 August 2018, the Full Court...

By Alex Millman and Lindsay Carroll, NRA Legal In a decision handed down on 16 August 2018, the Full Court of the Federal Court of Australia has thrown casual employment, and the efficacy of its use, into a tailspin. In a case which is likely to be appealed to the High...

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