Win/Lose - Tribunal axed but ABCC bill defeated
The Federal Government has succeeded in abolishing the Road Safety Remuneration Tribunal (RSRT) after the Senate voted last night to approve the legislation that repeals the Road Safety Remuneration Act 2012. The legislation passed the Senate without the support of Labor or the Greens – with all but one cross-bencher siding with the Federal Government.
Update on Contractor Driver Minimum Rates Order – Stay Overturned
Further to our Snippet on Monday, the Federal Court has now lifted the stay on the Contractor Driver Minimum Payments Road Safety Remuneration Order 2016 (Order).
The Full Federal Court dismissed NatRoad’s application for a stay pending the hearing of its substantive application as to whether the Road Safety Remuneration Tribunal made legal errors in rejecting industry calls to defer the commencement date of the Order. The substantive application is set down to be heard on 9 and 10 May 2016.
Contractor Driver Minimum Rates Order – Stayed by Federal Court
Employment Essentials - 2nd Edition
This month we bring you the latest newsletter from the Employment, Industrial Relations & OHS team, Employment Essentials.
Employment Essentials reports on topical issues in HR and brings you the latest updates in employment law. Plus much more.
If you would like further information, want to ask a question or subscribe to receive Employment Essentials via email, contact us at employmentessentials@sladen.com.au.
If you would like further information, want to ask a question or subscribe to receive Employment Essentials via email, contact us at employmentessentials@sladen.com.au
Sladen Snippet - The Fair Work Ombudsman targets Accountants
A Melbourne accounting firm is being prosecuted by the Fair Work Ombudsman (FWO) for its alleged involvement in the underpayment of two Taiwanese backpackers working for one of its clients, who operated a fast-food outlet.
The accounting firm provided payroll services for its client.
According to the FWO, the workers were paid a flat rate of $16.50 an hour, which was below the minimum hourly rate payable to the workers under the Fast Food Industry Award 2010 (Award). The workers were also not paid a casual loading or penalty rates when they worked on weekends, evenings and on public holidays. In just a little over 6 months, this resulted in an alleged underpayment of $9,549.
Sladen Snippet - Sunday Rates should be Reduced - Recommendations from the Productivity Commission
The Final Report by the Productivity Commission (PC) was released yesterday. As expected, the PC did not recommend a complete overhaul of the workplace relations system.
Christmas Essentials
To help you navigate you through the silly season, the Employment, Industrial Relations & OHS team bring you this short yet comprehensive guide, Christmas Essentials.
Christmas Essentials will guide on what you need to know about public holiday trading, employing Christmas casual staff and avoiding the legal hangover from the office end-of-year party.
Sladen Snippet: Employers take note - Important changes to the Fair Work Act
Important amendments to the Fair Work Act 2009 have now come into effect, resulting in significant changes, particularly for employers.
Greenfields agreements - new process for negotiating
A new process for negotiating greenfields agreements has been established, whereby employers now have an obligation to bargain in good faith when involved in greenfields negotiations. This new process includes an optional six month negotiation timeframe. If the parties are unable to reach an agreement within six months, the employer may apply to the Fair Work Commission for a determination.
Sladen Snippet - Going Smoke-Free
The Fair Work Commission (Commission) has upheld a company’s smoking ban following a challenge by the Construction, Forestry, Mining and Energy Union (CFMEU). Commissioner Tony Saunders held that the employer’s direction to ban smoking at its workplace, a complex which was comprised of two open cut mines and a coal handling and preparation plant (CHPP), was lawful and reasonable.
The ban meant that employees who wanted to smoke were required to drive 2.8km to the complex’s front gate to smoke.
Sladen Snippet – Hefty fine incurred for failure to pay proper notice
Failure to pay to an employee proper notice resulted in a HR Manager and the company she worked for being fined in the Federal Circuit Court in Adelaide.
The employee was paid some notice, but not the whole of the notice period required by the Fair Work Act. This underpayment resulted in the employee being underpaid $181.66 (two days’ notice) as a result.
The HR Manager conceded in the hearing that she knew of the requirements to pay proper notice, but the company claimed confusion had arisen as a result of the interaction of the provisions of the workers compensation legislation in South Australia regarding termination of employment and the Fair Work Act. The Federal Circuit Court did not accept this as a reasonable excuse, stating the company should have paid the notice as provided by the Act.
Sladen Snippet - Fair Work amendments get "green" light from Senate
The Senate has passed a number of amendments to the Fair Work Act 2009, however the Government has been unable to attract sufficient support from cross-benchers for several key proposed changes, which have now been omitted from the Fair Work Amendment Bill 2014.
The passed amendments are significant and include:
- establishing a new process for negotiation of greenfields agreements by extending good faith bargaining to the negotiation of these agreements and providing an optional six month negotiation timeframe for the parties to reach agreement (following which an employer can apply to the Fair Work Commission (Commission) for approval of its agreement);
- providing new requirements to prevent employees from taking protected industrial action unless bargaining has commenced (either voluntarily or because a majority support determination has been made);
- imposing an obligation on employers to discuss with employees a refusal to grant an extension to unpaid parental leave.
Employment Essentials
This month we unveil our new quarterly newsletter from the Employment, Industrial Relations & OHS team, Employment Essentials.
Employment Essentials will be reporting on topical issues in HR and bringing you the latest updates in employment law. Plus much more.
Sladen Snippet - VCAT orders $20,000 compensation for the “shock” arising from a production worker’s discriminatory dismissal
The Victorian Civil and Administrative Tribunal (VCAT) has found that a confectionary company directly discriminated against a 63 year-old production worker when it dismissed him because of a disability, and has ordered the company to pay him $20,000 compensation for the shock caused by the dismissal.
The worker had been employed by the company for almost 30 years and had previously suffered chronic “tennis elbow” (which had arisen as a result of his employment but had fully resolved at the time of dismissal). Relying upon a medical report that warned the company the condition could flare up if he maintained his regular duties, the company terminated the employee’s employment effective immediately.
Sladen Snippet - Head Contractors must have a “Fitness for Work” Policy by 16 October 2015
The Workplace Relations Management Plan (WRMP) requirements under the Building Code 2013 (Code) have been amended to include a requirement that principal contractors have a fitness for work policy to manage alcohol and other drugs in the workplace.
Amongst other things, the policy must include:
- detection methods;
- substances tested;
- a requirement for frequent and periodic random testing of the workforce; and
- an outline of how workers affected by drugs and alcohol will be counselled, assisted and disciplined.
Minimum Pay Rates for Truck Drivers
Sladen Snippet - ‘Repair - not replace’ – Productivity Commission releases its hotly anticipated draft inquiry report
For some time now, the Productivity Commission (Commission) has been undertaking a public inquiry to examine the performance of the workplace relations framework in Australia and to identify improvements to it.
Today, the Commission released its hotly anticipated draft inquiry report. The report outlines the key issues identified so far during the inquiry, discusses some of the draft recommendations and findings, and outlines how stakeholders will be able to provide feedback.
NTEU opposes sessional teacher vote in enterprise bargaining
The Federal Court has revoked a decision made by the Fair Work Commission (FWC) to approve the Swinburne University of Technology’s 2014 enterprise agreement (EA), due to the inclusion of casual or sessional employees in the voting process.
In February 2014 the University requested staff to vote in favour of the agreement, including individuals who had been engaged as sessional employees during the 2013 academic year. The University considered 2005 of the votes cast to be valid, and made an application to the FWC for approval based on a slim 57 majority votes in favour of the agreement.
Sladen Snippet - Big payout the result of an employer’s failure to make reasonable adjustments
In a recent case in the Federal Circuit Court an employer; Corrective Services New South Wales, was ordered to pay a former probation and parole officer employed by it the sum of $180,000 plus interest as a result of discriminatory treatment of her. The employee suffered from Crohn’s Disease and took sick leave on a number of occasions.
