ERS Insights: Returning to Work (Video)

As COVID-19 restrictions gradually lift across Australia, employees will be returning to work, or in some states, they may have already returned. It is important that employers therefore have a plan in place for their employees to return to work and how they will manage the COVID risk when they are back.

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Why you need to protect you business from General Protections claims

General Protections laws are intended to protect basic workplace rights, including freedom of association and shielding workers from workplace discrimination in accordance with international labour conventions. Under these laws, it is unlawful to take adverse action against a person because of a proscribed reason. Additionally, General Protections laws provide effective relief for persons who have suffered adverse actions, such as being discriminated against, victimised, or have experienced other forms of unfair treatment.

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casual conversion after

Casual Conversion: What happens after offers are made?

Last month, we published a reminder that the deadline for assessing casual employees’ eligibility for conversion to permanent employment and making an offer (or ‘non-offer’) was fast approaching. All employers of casual employees (other than ‘small business employers’) were required to complete a number of actions prior to the 27th of September 2021 deadline, including assessing and notifying casual staff about whether they are eligible for casual conversion under the Fair Work Act 2009.

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Changes to NSW Health Orders for NSW Authorised Workers

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. 

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Stapled Super Blog

Stapled Super Reforms

  • Your Super obligations will change when hiring new employees
  • ‘Super Stapling’ requires employers to use an employee’s existing fund, where an employee does not nominate one on their super choice form.
  • New obligations are just around the corner – 1 November 2021

It has been a busy year for superannuation reform in Australia. With the recent uplift in Super Guarantee contributions from 9.5% to 10% taking effect on 1 July this year, yet another change impacting how your business manages super with new employees is on the horizon.

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COVID-19 Restrictions

COVID-19: Workplace update and resources

As many of you know, the ER Strategies office and our team are located in Sydney, NSW. Even though we are subject to the stay-at-home orders, we are still available to assist you with all things ‘employee relations’ during this time. We have a skeleton crew in the office answering calls as well as directing some of them to team members working from home.

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unfair dismissal blog image

The Ultimate Guide to Avoiding Unfair Dismissal

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.

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casual employment reform blog

ER Strategies’ Interactive Guide to the Federal Government’s Casual Reforms Legislation is now available!

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.

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JobKeeper Ending Feature

JobKeeper and Award Flexibilities To Finish

This month (March 2021) marks a full year since the Federal Government announced the JobKeeper scheme, providing unprecedented financial support to many employers and employees across Australia. Unfortunately, this month also signals the end of the scheme, along with the Fair Work Act flexibilities extended to eligible ‘Qualifying’ employers and ‘Legacy’ employers as part of the program.  

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Common Causes of Payroll Errors

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.

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$4.5billion JobMaker Scheme Explained

ER Strategies CEO Steve Champion recently recorded a 25 minute video explaining the new JobMaker program, a central plank in the Federal Government’s attempts to revitalise the Australian economy after the COVID shutdown.

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Franchisor reasonable steps requirements 1

FWO issues Franchisor guidelines on ‘Reasonable Steps’

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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Work-Related Social Events2

Risks of Work-Related Social Events

As with the normal workplace, the employer has a responsibility to take reasonable steps to ensure employee safety and health and to provide an environment free from harassment and discrimination. Inappropriate behaviour at staff functions, which can be attributed to “good cheer” which often accompany these social events, can lead to employers being held liable.

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Terminating employee feature

Terminating an employee – How to avoid business risk and personal stress

The termination of an employment relationship can carry risks for a business, especially if the employee doesn’t agree with the decision. Employer-initiated termination falls into two categories, dismissal of an employee or a genuine redundancy situation. As an example, an employee may be dismissal due to their continued poor performance whilst an employee can be made redundant due to their role no longer being needed within the business.

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