11/04/2017Franchising, Employee Issues, Legislation

The Fair Work Ombudsman, Natalie James, has been very 'vocal' in recent months, making speeches and issuing press releases about the FWO's approach to prosecuting "accessories" to breaches of employment laws. The obvious approach the FWO is taking is to maximise its limited prosecutions budget, by...

14/03/2017Franchising, Legislation

Amongst a raft of changes proposed under the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 currently before Federal Parliament, the planned legislation will introduce laws making franchisors and holding companies responsible for underpayments by their franchisees or subsidiaries,...

20/05/2017Franchising, Legislation

In the same week that the Federal Budget was released, so was the report of the Senate Inquiry into the proposed new Vulnerable Worker laws, aimed at stopping underpayments in the franchise sector. Things have progressed further, with the Bill having its second reading in the Lower House. Key...

11/05/2017Franchising, Legislation

The Federal Government announced on the 18th April 2017 that the Subclass 457 visa program (Temporary Work visas) will be abolished. The new Temporary Skills Shortage (TSS) visa will replace the Subclass 457 visa program in March 2018. The new TSS Visas will have two streams, a “short term” two...

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02/03/2017Franchising, Legislation

Penalty Increases & Franchisor Responsibilities Coming Following on from our previous article “ New Laws Protecting Vulnerable Workers Now Imminent ”, the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 was introduced into federal parliament on the 1st March. The purpose of this...

13/02/2017Franchising, Employee Issues, Legislation

New Laws Protecting Vulnerable Workers Now Imminent With the recent extensive media coverage of franchisees across a range of brands underpaying their employees, it is now evident that the Federal Government is moving ahead in the current session of Parliament to protect vulnerable employees, by...

10/01/2017Wage Rates, Franchising, Employee Issues, Legislation

The FWO’s successful prosecution of the Yogurberry franchise has raised many questions on how franchisors can protect themselves from “ accessorial liability ” – being an accessory for payroll contraventions of the Fair Work Act. Background Our recent article about the FWO “lifting the bar” on both...

16/11/2016Franchising, Legislation

We have in recent weeks seen two significant developments that demonstrate the FWO’s success in lifting the bar on both franchisor and managerial responsibilities in taking steps to ensure franchisee payroll compliance. The Yogurberry Decision: National Audit & Payment Rectification The...

10/10/2016Franchising, Discrimination/EEO, Employee Issues, Legislation

Employment Minister Michaelia Cash recently launched the new Migrant Worker Taskforce , saying that the taskforce would bolster the Government's efforts to crack down on employers seeking to take advantage of migrant workers and deliver on its pre-election commitment to better protections for all...

25/08/2016Franchising, Employee Issues, Legislation

As the politicians return to Canberra for the opening of the 45th Parliament of Australia, we will see how the government intends to pursue its changes to the Fair Work Act (FWA) to protect vulnerable workers. The new Senate comprises 30 Coalition, 26 Labour and 20 cross-bench senators, 9 of those...

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