Marketing ER Strategies 
For the first time, the Fair Work Ombudsman is taking legal action against a franchisor (in the hospitality and restaurant industry) for failing to ensure compliance by its franchisees. The franchisor is accused of being responsible for the non-compliance of eight franchise-operated outlets and the underpayment of 9 workers, amounting to a total of $32,321.
Australia has 120 Modern Awards, plus many enterprise bargaining agreements in place, to ensure employees are paid fairly for their work. Within these awards and agreements there are many provisions relating to different penalty rates and entitlements employers must provide to their employees. When these provisions aren’t met, employees can be underpaid their correct wages.
Whistleblowing has become an important consideration for not only large businesses, but businesses of all sizes. Whistleblower laws were brought in under the Corporations Act 2001 (and other laws) and created a legal obligation for many larger businesses to have a whistleblower policy. However, the benefits of utilising a whistleblower policy, as a means to receive any concerns or complaints, goes much beyond merely complying with the law.
Industrial manslaughter is a criminal offense that occurs when a person or a company causes the death of an employee or a member of the public due to negligent conduct. In Australia, the issue of industrial manslaughter has been a topic of concern for many years, with a number of high-profile cases highlighting the need for stronger laws to hold employers accountable for workplace deaths.
The Anti-Discrimination and Human Rights Legislation Amendment (Respect At Work) Bill 2022 has recently passed Federal Parliament. This legislation seeks to implement a further 7 of the 55 recommendations of the Australian Human Rights Commission’s Respect@Work Report.
The first criminal charges relating to wage theft have been laid by the Wage Inspectorate Victoria (WIV), marking a significant point in the fight against employee underpayments.
The Federal Government has introduced paid family and domestic violence (FDV) leave into the Fair Work Act. The Fair Work Amendment (Paid Family and Domestic Violence Leave) Act 2022 provides 10 days of paid FDV leave to full-time, part-time and casual employees from 1 February 2023, and from 1 August 2023 for small businesses (defined as a business with less than 15 employees).
The Federal Labor Government has introduced their industrial relations reforms through their Secure Jobs, Better Pay Bill which has now been passed and is also known as the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. In this legislation there are a number of key changes that businesses will have to adapt to, now that it has been passed. These changes impact various diverse areas, from enterprise bargaining to sexual harassment prevention. Note: This is updated as of 22/02/2023.
Payroll compliance was thrown into the spotlight a number of years ago, when it was uncovered that many well-known Australian brands had underpaid their staff by millions. Since then, there has been a steady flow of organisations from various industries who have been found to have underpaid their employees. The Fair Work Ombudsman (FWO) responded by increasing their use of detection and enforcement measures and targeting areas that were shown to have higher levels of non-compliance.
As in the Woolworths case, where a salaried employee is mistakenly believed to be an ‘award free’ manager, there is a potential for underpayments. Find out why and what you can do about it.
