A series of polls have indicated the Shorten-led Opposition will win the May 2019 federal election. Here’s our review of Labor’s vision on reforming the Australian industrial relations system, as announced so far, which promises major changes of importance to all employers and the franchise sector in particular.
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The expanded coverage of the legislation is – at least in part – a response to the release of the findings of the Hayne Royal Commission into the Banking, Superannuation and Finance sector. However, the new laws will impose significant new obligations on a much wider range of businesses than previously covered.
In what appears to be a disappointing – and unexpected – decision for Fast Food sector employers, the Fair Work Commission (FWC) has recently rejected an application to insert more flexible part-time provisions into the Fast Food award.
Single Touch Payroll is now a reporting change for smaller employers. The ATO has provided a list of at least 6 low-cost software providers who have products ready for use, for those micro employers who need to report through STP, but do not currently have payroll software.
The Federal Government recently varied the Fair Work Regulations 2009 to allow employers, in certain circumstances, to claim an offset of an employee’s casual loading against any NES entitlements owing to the employee, where the employee was incorrectly classified as a casual.
Back in August this year (2018) we reported that the FWC had finalised and updated all industry and occupation Awards to include a new clause dealing with family and domestic violence leave provisions.
The Fair Work Ombudsman (FWO) – the independent statutory body responsible for enforcing compliance with workplace laws and education – has recently published a resource for franchisors providing guidance on their responsibilities and practical steps that they can implement to comply with the ‘reasonable steps’ requirements.
Our General Manager, David Price, recently attended the Franchise Forum conducted by franchise and employment law experts HWL Ebsworth. The above are all as a result of the Vulnerable Worker laws, imposing liability on franchisors (and holding companies) for breaches by franchisees, subject to a defence by the franchisor that it took ‘reasonable steps’ to avoid the breaches occurring.
Major Changes The new Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 introduced some major changes that affect all employers, not just the franchise sector where underpayment scandals led to the new legislation.
General Retail Industry Award 2010 – Variations to plain language standard clauses are now in effect.
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