Proposed changes to parental leave

New legislation has been introduced in the Federal Parliament with the purpose of increasing paid parental leave (PPL) to...

New legislation has been introduced in the Federal Parliament with the purpose of increasing paid parental leave (PPL) to 20 weeks, which is an increase from the current 18 weeks. The Government is seeking crossbench support in the Senate for the revised PPL scheme.  The changes would mean that workers whose...

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Rushed redundancies fall flat

by Meaghan Spencer and Troy Wild, NRA Legal Staples Australia Pty Ltd has come under fire after Fair Work Commissioner...

by Meaghan Spencer and Troy Wild, NRA Legal Staples Australia Pty Ltd has come under fire after Fair Work Commissioner Ian Cambridge determined that the company had an “unduly hasty and largely tokenistic” approach to meeting its redundancy obligations. In July last year, Staples tried to address a one million dollar...

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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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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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Reports of ‘Cash back’ Scam at 7-Eleven Store

by Ben Desir, Workplace Advisor, NRA Legal Concerning reports of 7-Eleven employees being forced to pay back parts of their...

by Ben Desir, Workplace Advisor, NRA Legal Concerning reports of 7-Eleven employees being forced to pay back parts of their wages have come to light. Recent media reports suggest that franchisees of the embattled 7-Eleven brand, have continued to flout their employment law obligations. Workers have spoken to media outlets claiming...

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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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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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Demotion Not Necessarily a Dismissal

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...

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IR Update: Labour Hire Unfair Dismissal Case

This recent case warns that labour hire companies cannot “abrogate responsibilities to afford procedural and substantive fairness to...

This recent case warns that labour hire companies cannot “abrogate responsibilities to afford procedural and substantive fairness to a dismissed employee by relying on the fact that unfair treatment was meted out by another entity in which had placed the employee.” Adecco Australia were found by the FWC...

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IR Update: Employer’s termination of latecomer commendable

In the recent case of Rooney v Pickles Auctions FWC 858 (9 February 2016), an employer has been...

In the recent case of Rooney v Pickles Auctions FWC 858 (9 February 2016), an employer has been commended for his efforts in following due termination process. The National Retail Association consistently reminds its members of the equal weight given to a valid reason for termination as well...

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IR Update: General protections claims on the rise

According to the Fair Work Commission’s newly-released annual report, general protections claims involving termination of an employee has risen...

According to the Fair Work Commission’s newly-released annual report, general protections claims involving termination of an employee has risen by 17.5% in 2014-15. This increase is slightly down in comparison to the previous year. However, the number of claims grew to a total of 3382, with around one third...

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