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.
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There is a common theme in many of the cases we read now, about getting the process right and following often simple steps, to avoid employee relations issues such as unfair dismissal cases. This applies to many situations, but more so with a transfer of employment situation.
Over the past couple of months, the Fair Work Commission has made temporary changes to key modern awards to help support businesses and employees throughout the COVID-19 pandemic. These changes have included both award-specific flexibilities and over-arching flexibilities applying to employers in a multitude of industries which have been adversely impacted by the affects COVID-19.
In our recent article, we explained how the coverage under the Miscellaneous Award has been expanded by the Fair Work Commission (FWC). This has meant that ER Strategies is fielding a lot of questions from clients about this change and how award coverage works.
On 27 July 2020, the Health Sector Awards Full Bench issued a decision ( FWCFB 3940) granting an entitlement to paid pandemic leave for most employees working in the aged care industry who are covered by the following awards:
The Queensland Show Day Public Holiday has been moved this year to help the Queensland tourism industry amid the COVID-19 pandemic. The traditionally mid-week holiday has been moved from Wednesday 12 August 2020 to Friday 14 August to create a long weekend for Queenslanders, in the hope that Queenslanders will be incentivised to travel within the state.
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.
Does unpaid leave extend the minimum employment period (probation period) in relation to unfair dismissal claims?
Most employers now conveniently align the probation period under their contracts of employment to the minimum employment period under the Fair Work Act 2009 (the Act).
Current Salary Cap and Compensation
The Fair Work Act sets limits to an employee’s eligibility for unfair dismissal redress where they are not covered by an award or enterprise agreement. This is called the High-Income Threshold (HIT), which is amended annually.
Over the past couple of months, the Fair Work Commission has made temporary changes to key modern awards, introducing temporary flexibilities including –
From today (1 July 2020), following a decision by the Fair Work Commission earlier in the year, the coverage of the Miscellaneous Award 2020 has been significantly extended to now capture many employees who were previously assumed to be award-free.
As COVID-19 restrictions are lifted – what now – and how to get reluctant employees back to work?
Separate to the Annual Wage Review, ER Strategies clients covered by the General Retail Industry Award and the Pharmacy Industry Award 2010 will need to make necessary payroll changes to prepare for the changes in Sunday penalty rates under each of the awards, effective on or from 1 July 2020.
Annual Wage Review 2019-20 – 1.75% increase to be rolled out across three dates for different modern awards
This morning the Fair Work Commission released its decision regarding the Annual Wage Review 2019-20.
As we expect you will have already read in the media, the Federal Court recently (in Workpac Pty Ltd v Rossato) confirmed the approach taken in its earlier 2018 judgement (in Workpac Pty Ltd v Skene), which may have significant implications for the future employment of casual employees across Australia.
Safe Work Australia has put together a wealth of material to assist employers to meet the Work Health and Safety (WHS) concerns of employees. There are very real WHS issues for employees where they have health issues, care for the elderly, look after children or have family members with compromised immune systems.
Parliament has now passed the legislation for the second phase of JobKeeper, or ‘JobKeeper 2.0’, which will now continue to provide financial support and workplace flexibilities to employers for the extended period ranging from 28 September 2020 to 28 March 2021. As part of this, the JobKeeper provisions in the Fair Work Act were extended, however, there have been some key changes to these flexibilities and employers should take note.
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