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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Out-of-hours misconduct justified dismissal

By Victoria Hansen and Lindsay Carroll, NRA Legal The Fair Work Commission (FWC) has ruled that a worker who...

By Victoria Hansen and Lindsay Carroll, NRA Legal The Fair Work Commission (FWC) has ruled that a worker who threw a full glass of beer over the heads of his colleagues at an official company Christmas party was justifiably dismissed. This is a significant decision regarding the dismissal of...

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Full Bench hands down decision on loaded rates

By Alex Millman and Lindsay Carroll, NRA Legal Last Thursday a five-member Full Bench of the Fair Work Commission, headed...

By Alex Millman and Lindsay Carroll, NRA Legal Last Thursday a five-member Full Bench of the Fair Work Commission, headed by Vice President Adam Hatcher, handed down its decision in the Loaded Rates in Agreements Case. This case considered eight (later reduced to five) enterprise agreements for which the Commission’s approval...

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Commission finds employer had no right to accept employee’s repeated resignations

By Alexander Millman and Lindsay Carroll, NRA Legal Following a protracted legal battle that involved an initial hearing, an appeal...

By Alexander Millman and Lindsay Carroll, NRA Legal Following a protracted legal battle that involved an initial hearing, an appeal and a re-hearing, the Fair Work Commission has held that an employer had no right to accept the repeated resignations of a distressed employee undergoing internal investigation. Bupa Aged Care Australia...

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Employer wins right to have case reheard regarding proposed reduction of casual’s shifts

By Lindsay Carroll, Director and Sid Sidhu, Workplace Relations Advisor, NRA Legal Earlier in 2017, the Fair Work Commission (‘FWC’)...

By Lindsay Carroll, Director and Sid Sidhu, Workplace Relations Advisor, NRA Legal Earlier in 2017, the Fair Work Commission (‘FWC’) determined that the City of Sydney RSL and Community Club had constructively dismissed a casual employee, when it denied the employee from working further “change box” shifts and reduced her...

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“Loaded rates” of pay scrutinised

Fair Work Commission to scrutinise “loaded rates” of pay within Enterprise Agreements By Sid Sidhu, NRA Legal Following the recent win...

Fair Work Commission to scrutinise “loaded rates” of pay within Enterprise Agreements By Sid Sidhu, NRA Legal Following the recent win for retailers and the Federal Court’s decision to uphold the penalty rate cuts across five Modern Awards, the Full Bench of the Fair Work Commission (FWC) has invited peak union...

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Message from the CEO: 24 October 2017

This week we saw the NSW Government pass its laws extending the minimum lifespan of gift cards from one...

This week we saw the NSW Government pass its laws extending the minimum lifespan of gift cards from one year to three years.  I know from speaking to many members that this will cause headaches in a range of areas – from accounting for unused cards on your balance...

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Message from the CEO: 17 October 2017

The reporting over the past week on the penalty rates case has been fascinating to say the least. In...

The reporting over the past week on the penalty rates case has been fascinating to say the least. In many ways, it has illustrated how deeply Australian’s misconceptions have been about the issue, but more importantly, how easy it has been for those with a vested interest to heighten...

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Union challenge to penalty rates quashed

Retailers praise Federal Court for preserving independent umpire’s integrity, after union challenge to penalty rates quashed The National Retail Association...

Retailers praise Federal Court for preserving independent umpire’s integrity, after union challenge to penalty rates quashed The National Retail Association (NRA) has this morning praised the Federal Court for rejecting the unions’ attempts to have the penalty rates ruling of the independent umpire, the Fair Work Commission (FWC), overruled. The Court...

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Message from the CEO: 3 October 2017

Two challenges to the penalty rates ruling brought by worker unions have now been heard in the Federal Court,...

Two challenges to the penalty rates ruling brought by worker unions have now been heard in the Federal Court, with both cases heard together last week, in front of a full bench in Melbourne. After joining other employer and business groups including the Australian Industry Group, the Australian Hotels Association...

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NRA are standing up for retail and fast food in the Penalty Rates Case

By Alex Millman and Justine Ansell, NRA Legal The union challenge to the Fair Work Commission’s decision to cut penalty...

By Alex Millman and Justine Ansell, NRA Legal The union challenge to the Fair Work Commission’s decision to cut penalty rates in the retail, fast food and hospitality sectors wrapped up yesterday, with the Federal Court reserving its decision to be handed down at a later date. With five judges, approximately...

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Vulnerable Workers Bill amendments: what you need to know

On Tuesday 5 September 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 was passed with amendments by...

On Tuesday 5 September 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 was passed with amendments by both houses of Parliament. The Bill was given Royal Assent by the Governor-General on 14 September 2017, becoming an Act (the VW Act) which will re-write parts of the Fair Work Act 2009 (FW...

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FWC rejects SDA application for blood donor leave

By Alex Millman and Troy Wild, NRA Legal In mid-July this year, the Fair Work Commission heard an application by...

By Alex Millman and Troy Wild, NRA Legal In mid-July this year, the Fair Work Commission heard an application by the Shop, Distributive and Allied Employees’ Association to include provision for paid blood donor leave in the retail, fast food, and hair and beauty awards. NRA, along with other industry groups,...

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