Message from the CEO: 30 June 2020

The Fair Work Commission (FWC) is currently considering an application by the SDA to reverse the final reduction to...

The Fair Work Commission (FWC) is currently considering an application by the SDA to reverse the final reduction to Sunday penalty rates in the General Retail Industry Award 2010, due to take effect from 1 July 2020 (tomorrow). In addition to making a formal submission to the FWC opposing any...

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Groundhog Day comes early for struggling retailers

Struggling retailers will be hit with the Australian version of Groundhog Day on February 1 next year, when they...

Struggling retailers will be hit with the Australian version of Groundhog Day on February 1 next year, when they wake up to find all their concerns have again been ignored by the Fair Work Commission and they are once again confronted with the spectre of widespread business closures. Following today’s...

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No hibernation for the Fair Work Ombudsman: Record penalties secured for wage non-compliance

By Andrew Piper and Lindsay Carroll, NRA Legal The pandemic hasn’t hindered the Fair Work Ombudsman’s (the FWO) efforts...

By Andrew Piper and Lindsay Carroll, NRA Legal The pandemic hasn’t hindered the Fair Work Ombudsman’s (the FWO) efforts to investigate and prosecute wage non-compliance in the retail and fast food sectors. The FWO has recently secured record penalties against companies that have underpaid their workers and failed to...

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The essential guide to redundancy during COVID-19

By Calum Woods and Lindsay Carroll, NRA Legal The unprecedented disruption caused by coronavirus (COVID-19) has left many employers considering...

By Calum Woods and Lindsay Carroll, NRA Legal The unprecedented disruption caused by coronavirus (COVID-19) has left many employers considering their immediate options to reduce expenditure over the coming weeks and months. In most cases, substantial cost-savings may be able to be achieved by consulting with employees about reducing their hours...

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Fair Work Commission proceedings: Head in the sand, or head in the game?

By Andrew Piper and Alex Millman, NRA Legal Receiving notice of any legal proceedings is enough to make the blood...

By Andrew Piper and Alex Millman, NRA Legal Receiving notice of any legal proceedings is enough to make the blood run cold of most business owners and HR professionals. For many, the process of defending such an application can be time consuming and emotionally taxing.   While much work has been done...

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The essential guide to redundancy

By Calum Woods and Lindsay Carroll, NRA Legal In the current economic climate, it is critical for businesses to constantly...

By Calum Woods and Lindsay Carroll, NRA Legal In the current economic climate, it is critical for businesses to constantly identify opportunities to improve efficiency and reduce expenditure. While the prospect of redundancies is certainly not pleasant, they are often times unavoidable. Alongside the factors that necessitate a redundancy in the...

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If an employee gets high can we say goodbye? Not necessarily, says the FWC

By Andrew Piper and Alex Millman, NRA Legal Employers often spruik their ‘zero tolerance’ drug and alcohol policies when trumpeting...

By Andrew Piper and Alex Millman, NRA Legal Employers often spruik their ‘zero tolerance’ drug and alcohol policies when trumpeting their safety and workplace processes and cultures. However, the Fair Work Commission has also been promoting a ‘zero tolerance’ approach of its own towards unfair dismissals. In a recent decision by...

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Ten years of Fair Work: Closing out the decade

By Calum Woods and Lindsay Carroll, NRA Legal With the year almost over, it’s time to reflect on the lessons...

By Calum Woods and Lindsay Carroll, NRA Legal With the year almost over, it’s time to reflect on the lessons learned in 2019, and prepare for the start of a new decade. In January, we predicted that compliance would continue to be a major factor affecting retail businesses, however for...

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‘TikTok’ in the Workplace – A Ticking Time Bomb?

By Thomas Parer and Zoe Brodie, NRA Legal Televisions have become flatter, we’ve moved from typewriters to laptops, and...

By Thomas Parer and Zoe Brodie, NRA Legal Televisions have become flatter, we’ve moved from typewriters to laptops, and now mobile phones have become our everything-in-one device which dominates communication and even some people’s lives. A number of apps and online platforms have emerged to facilitate a purely digital...

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Start the clock on dismissal claims

By Zoe Brodie and Calum Woods, NRA Legal Whether it’s a quarrelsome employee, a serial underperformer, or a casualty of...

By Zoe Brodie and Calum Woods, NRA Legal Whether it’s a quarrelsome employee, a serial underperformer, or a casualty of automation, the stress of dismissing an employee doesn’t end on their last day of employment. It’s not until 3 weeks (or 21 days) later, when the time limit to file a...

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Message from the CEO – 19 March 2019

Minimum wage laws are shaping up to be a key issue ahead of the impending federal election. Last week submissions...

Minimum wage laws are shaping up to be a key issue ahead of the impending federal election. Last week submissions closed for the 2018-19 Annual Wage Review and received sizeable media coverage, particularly off the back of the ACTU proposing a six per cent increase to create a ‘living wage’. With...

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Pre-Fair Work agreement doesn’t avoid Fair Work obligations

By Alex Millman and Lindsay Carroll, NRA Legal January was not a good month for Merivale. The hospitality group, helmed by...

By Alex Millman and Lindsay Carroll, NRA Legal January was not a good month for Merivale. The hospitality group, helmed by Justin Hemmes, saw its WorkChoices-era collective agreement terminated in a decision of the Fair Work Commission on 21 January 2019. After operating under this agreement since 2007, the business now...

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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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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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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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Fair Work Commission announces action plan to assist small business employers

By Sooraj Sidhu and Lindsay Carroll, NRA Legal Yesterday, the Fair Work Commission’s (FWC) president Iain Ross responded to reports...

By Sooraj Sidhu and Lindsay Carroll, NRA Legal Yesterday, the Fair Work Commission’s (FWC) president Iain Ross responded to reports commissioned last year, which urged the establishment of a ‘Small Business Division’ of the Fair Work Commission and the reduction of red tape associated with unfair dismissal and adverse action...

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