Domestic Violence Leave set to arrive on 1 August 2018

On Friday 6 June 2018 the Full Bench of the Fair Work Commission, in a decision published that afternoon,...

On Friday 6 June 2018 the Full Bench of the Fair Work Commission, in a decision published that afternoon, advised that it intended that Domestic Violence Leave would commence through the modern award system on 1 August 2018. Background This decision finalises a process which saw the Fair Work Commission reject...

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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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Legislative update: What you need to know from 1 July 2018

Legislative update: What you need to know from 1 July 2018 By Victoria Hansen and Lindsay Carroll, NRA Legal Penalty rate...

Legislative update: What you need to know from 1 July 2018 By Victoria Hansen and Lindsay Carroll, NRA Legal Penalty rate cuts Following a Fair Work Commission decision handed down last year, Sunday penalty rates for employees covered by the General Retail Industry Award, the Fast Food Industry Award, the Hospitality Industry...

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Court confirms employer’s right to direct employees on sick leave

By Alex Millman and Lindsay Carroll, NRA Legal When employees are absent from work on sick leave, employers often have...

By Alex Millman and Lindsay Carroll, NRA Legal When employees are absent from work on sick leave, employers often have to walk a narrow line between the lawful and the unlawful. On the one hand, the employee has the right to be absent on sick leave, and interfering with that right...

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Deliberate contraventions of workplace laws empties employer’s pockets

By Emma Treherne and Lindsay Carroll, NRA Legal An employer who deliberately withheld parental leave payments to an employee...

By Emma Treherne and Lindsay Carroll, NRA Legal An employer who deliberately withheld parental leave payments to an employee has been ordered to pay a whopping $98,700.00 in penalties.  Judge Nicholls of the Federal Circuit Court of Australia held that both the employer and company director of the employer broke...

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Visual contracts – opportunity or risk?

By Alex Millman and Lindsay Carroll, NRA Legal Written contracts are a staple of legal relationships, including the employment relationship....

By Alex Millman and Lindsay Carroll, NRA Legal Written contracts are a staple of legal relationships, including the employment relationship. They are not without their problems – long, complicated, wordy, incomprehensible, full of legalese … as lawyers, we have heard all of these complaints. To combat this, engineering and infrastructure consultancy...

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Part 3 of our Modern Award Series – How do we classify our employees?

As discussed in Part 1 of our Modern Award Series, the first step to determining if a modern award...

As discussed in Part 1 of our Modern Award Series, the first step to determining if a modern award applies to your business is to check clause 4 (Coverage) of the modern award in question. This clause will set out the industry to which the award applies.  You must then...

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Part 2 of our Modern Award Series – Distinguishing amongst modern awards

As you would have seen in Part 1 of our Modern Award Series ‘How to work out which modern...

As you would have seen in Part 1 of our Modern Award Series ‘How to work out which modern awards apply in your business?’, it can be quite confusing working out which award has coverage over a business in the ‘food services’ industry: From the diagram above, you can see...

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Additional Obligations when Making Redundancies

By Sid Sidhu, Workplace Relations Advisor, and Emma Treherne, Principal Workplace Relations Advisor, NRA Legal Are you aware of your...

By Sid Sidhu, Workplace Relations Advisor, and Emma Treherne, Principal Workplace Relations Advisor, NRA Legal Are you aware of your obligations when making 15 or more staff redundant? Employers looking to dismiss 15 or more employees by way of redundancy are required to carry out additional obligations under the Fair Work...

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Introducing our new lawyer for NRA Legal

We would like to take this opportunity to introduce our membership to our new lawyer on the NRA Legal...

We would like to take this opportunity to introduce our membership to our new lawyer on the NRA Legal team, Emma Treherne. Emma brings over 10 years' experience in workplace relations and human resources management experience to the National Retail Association.  Emma has previously worked for Australian Industry Group, a leading employer association,...

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Things you need to know when employing young workers this Christmas

With consumers gearing up to spend big over the Christmas period and summer holidays, retailers are busy preparing themselves...

With consumers gearing up to spend big over the Christmas period and summer holidays, retailers are busy preparing themselves and employing young workers to assist over the coming weeks. But are you aware of the laws around young workers? It is certainly not the case that you can pay your...

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Penalised for the best of intentions

Protect yourself from costly mistakes by getting professional advice By Alex Millman and Justine Ansell, NRA Legal A mistake in handling...

Protect yourself from costly mistakes by getting professional advice By Alex Millman and Justine Ansell, NRA Legal A mistake in handling an employee’s redundancy around the same time as the commencement of her maternity leave has cost an employer $57,842.99 in compensation and penalties. The court found that had the manager consulted...

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Is your business keeping accurate records?

If you don’t, it will become a very expensive exercise… Written by Sid Sidhu and Justine Ansell, NRA Legal Record keeping...

If you don’t, it will become a very expensive exercise… Written by Sid Sidhu and Justine Ansell, NRA Legal Record keeping can be a time consuming and tedious task for most businesses, especially those without a dedicated payroll team. However, members must be vigilant in this space given the strict legal...

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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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Message from the CEO: 19 September 2017

We would like to take this opportunity to notify our membership that we are farewelling Troy Wild, NRA’s Director,...

We would like to take this opportunity to notify our membership that we are farewelling Troy Wild, NRA’s Director, Legal Division, who has been a great support to all of you over the past 12 months.  We thank Troy for his contribution to the NRA and the retail industry...

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Woolworths wins appeal over hazardous grape

Written by Sid Sidhu, NRA Legal A Sydney woman, who was awarded $151,000 in compensation after slipping on a grape...

Written by Sid Sidhu, NRA Legal A Sydney woman, who was awarded $151,000 in compensation after slipping on a grape in her local Woolworths, has lost her case on appeal and been ordered to pay the supermarket’s legal costs. First Instance At first instance, Justice Maiden SC of the District Court of...

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