The rise of affordable employee advocacy has changed the playing field

By Alex Millman and Troy Wild, NRA Legal Since the Fair Work Act appeared on the scene in 2009, the...

By Alex Millman and Troy Wild, NRA Legal Since the Fair Work Act appeared on the scene in 2009, the legal environment around employment law has shifted dramatically. Any person can be represented before the Fair Work Commission by a person acting as a ‘paid agent’. Whilst this is nothing new,...

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Ignorance is no defence

by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can...

by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can provide in their defence. Unfortunately, as we all know, ignorance is no defence. In recent years we have seen increasing exasperation from the courts when an employer contravenes an Award by...

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Bankruptcy no protection for directors

By Alex Millman and Troy Wild, NRA Legal On 13 April 2017 Judge Hartnett of the Federal Circuit Court handed...

By Alex Millman and Troy Wild, NRA Legal On 13 April 2017 Judge Hartnett of the Federal Circuit Court handed down her decision in Balemain v Mobilia Manufacturing & Anor, an application for lost remuneration and pecuniary penalties for sham contracting. The application named both the employer company and the individual...

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Employers can compel medical assessment

by Sid Sidhu and Troy Wild, NRA Legal Full Court affirms employer’s right to compel medical assessment Grant v BHP Coal...

by Sid Sidhu and Troy Wild, NRA Legal Full Court affirms employer’s right to compel medical assessment Grant v BHP Coal Pty Ltd FCAFC 42 (10 March 2017) The Full Federal Court has confirmed that employers have the right to dismiss an employee should they refuse to attend a medical appointment...

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Transition for Sunday penalty rates still undecided

The NRA is dedicated to keeping members informed of any changes that are likely to affect their businesses following...

The NRA is dedicated to keeping members informed of any changes that are likely to affect their businesses following the recent penalty rates decision made by the Fair Work Commission. The changes to public holiday penalty rates will take effect on 1 July 2017 and the variation of the early...

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Supermarket accused of underpaying

by Angela Szczepanski and Troy Wild, NRA Legal Fair Work Ombudsman commences legal action against IGA for underpaying employees The Fair...

by Angela Szczepanski and Troy Wild, NRA Legal Fair Work Ombudsman commences legal action against IGA for underpaying employees The Fair Work Ombudsman (FWO) has commenced legal proceedings in the Federal Circuit Court against a Melbourne IGA supermarket operator who allegedly underpaid six employees and submitted false records to the FWO. The...

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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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Update your employment contracts

Whether you’re just starting out, or experiencing changes in your workforce, the new year is a great time to check...

Whether you’re just starting out, or experiencing changes in your workforce, the new year is a great time to check if your employment contracts are not only compliant, but effective for your business. Effective employment contracts should: protect your business meet your employer obligations clearly define employment terms and conditions, and ...

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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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Baiada Group serves as warning

FWO warns businesses to monitor worker obligations within their supply chain and network Natalie James, the Fair Work Ombudsman (FWO),...

FWO warns businesses to monitor worker obligations within their supply chain and network Natalie James, the Fair Work Ombudsman (FWO), has encouraged businesses to use Baiada Group, Australia’s second largest poultry processor and supplier of Lilydale and Steggles, as an example and to get ahead of any compliance issues in...

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Message from the CEO: 28 November 2016

This week will we see the final release of trade data from the Australian Bureau of Statistics before the...

This week will we see the final release of trade data from the Australian Bureau of Statistics before the Christmas and Boxing Day trading period. It should give us a clearer indication of how consumer sentiment is tracking as we move into the most important month of the year for...

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Stay of costs order imposed against the Fair Work Ombudsman

The Fair Work Ombudsman (FWO) has secured a stay on an $800,000 costs order imposed by a judge who...

The Fair Work Ombudsman (FWO) has secured a stay on an $800,000 costs order imposed by a judge who found in June that it had not acted in the best interests of workers when it pursued directors of the employer under the Fair Work Act’s accessorial liability provisions for...

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The Legalities of Workplace Liability

The Fair Work Ombudsman has warned employers and those in management positions to be careful of their actions when...

The Fair Work Ombudsman has warned employers and those in management positions to be careful of their actions when it comes to workplace liability.  Accessorial liability provisions contained in the Fair Work Act now make it possible that with body corporate employers, proceedings may be brought not only against...

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Newsflash – Get Your Offset Clause Health Check Now!

In a recent ruling, a Magistrate allowed an employee to pursue unpaid overtime and lunch break claims totalling $29,000...

In a recent ruling, a Magistrate allowed an employee to pursue unpaid overtime and lunch break claims totalling $29,000 as the employment contract failed to properly specify provisions it purported to oust in her annualised salary. Next Residential Pty Ltd, a Perth building company, denied an employee had been directed...

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Message from the CEO: 10 October 2016

As you know, the NRA speaks up on a range of issues that affect not only members and other...

As you know, the NRA speaks up on a range of issues that affect not only members and other retailers, but also their employees and the entire retail sector. And while we’ve had a lot of success in recent years bringing major issues to the attention of government, sometimes...

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