Marketing ER Strategies 
There are many different reasons as to why a business may be employment non-compliant and/or underpay its employees. Often an important factor is the industry that a business operates in, which can impact on the systems they use or even how complicated their employment obligations can be.
Note: This article has been update to reflect recent changes to the Health Orders put forward by the NSW Government. Please review this new information in line with your current practices to ensure you are complying with the updated government advice. Current as at 31/08/2021.
Employers must use an employee’s existing super fund, if they have not nominated any other fund via a super choice form. The stated purpose is to reduce super fragmentation for employees, which can lead to multiple sets of fees.
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.
