Marketing ER Strategies 
In late March 2021, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act) passed both Houses of Federal Parliament, amending the Fair Work Act 2009 to include reforms to workplace rights and obligations for casual employees.
The Small Business Fair Dismissal Code (the ‘Code’) only applies to small businesses as defined under the Fair Work Act 2009 (Cth), which are those with fewer than 15 employees. In addition, for small businesses, employees are not entitled to claim Unfair Dismissal in the first 12 months of their employment. It is therefore important that small businesses ensure employee dismissals are consistent with the Code to avoid getting involved in an unfair dismissal case which may go against them.
As Australian employment law develops, it becomes harder for employers to keep up with it. Employees are becoming more aware of their workplace rights too. Therefore, employers must ensure that they understand their obligations when it comes to dismissing employees, reducing the risk of an unfair dismissal or other claim, such as a General Protections claim.
From 1 May 2021, Junior rates for classifications level 4 to level 8 under the General Retail Industry Award 2020 will no longer apply, although junior rates continue to apply to junior employees classified in levels 1 to 3. Junior employees under the Award classified as level 4 and above under the award must now be paid at least the adult rate of pay for their relevant classification.
In late March, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act) passed both Houses of Federal Parliament, which amended the Fair Work Act 2009 to include reforms to workplace rights and obligations for casual employees. The legislation has received Royal Assent and is therefore now in operation, with some transitional arrangements.
In our article about a bullying case leading to a record $5.2 million award of damages, we highlighted how employees are now increasingly making general protections claims. However, general protections claims can even be made by people who aren’t even employed in your business. Prospective employees or contractors are protected from being adversely affected due to a variety of attributes including but not excluded to, race, religion and gender. These are called protected attributes.
Due to huge media attention over the past 1-2 years, you will be aware of the variety of large-scale employers underpaying their staff. Woolworths, Coles, Bunnings, respected universities, and IBM have all been guilty of it and faced the consequences.
On 22 October the Federal Circuit Court found that Barry Café in Northcote, Victoria, “deliberately contravened workplace laws and exploited staff”. The Court found the café exploited vulnerable workers by refusing to offer shifts of work to anyone that complained.
Whilst many businesses are under pressure because of disruptions to their markets caused by COVID, there has never been a greater need for good practical advice, which also checks off all the technical issues employers face whilst navigating Australia’s industrial relations and employment law system, as well as the JobKeeper changes associated with it.
From 1 July 2020, following a decision by the Fair Work Commission, the coverage of the Miscellaneous Award 2020 has been significantly extended to now capture many employees who were previously assumed to be award-free.
