New family and domestic violence leave

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All industry and occupation awards are now being updated by the Fair Work Commission to include a new clause allowing employees to take five days of unpaid family and domestic violence leave. Who is covered? The new entitlement applies to all employees covered by an industry or occupation award. This includes part time and casual employees. Who is not covered? Enterprise awards and State reference public sector awards won’t include this clause, however these employees may be en
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The Fair Work Commission has handed down its long-awaited ruling on weekend penalty rates...

The Fair Work Commission made the following changes to the Sunday and Public Holiday penalty rates:

General Retail Industry Award:

  • For full time and part time employees Sunday penalty rates will be reduced from 200% to 150%
  • Casual employees Sunday penalty rates will be reduced from 200% to 175%.
  • Full time and part time employees Public Holiday penalty rates wil
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It pays to dismiss right and stay fair.

Here is an example of how doing so, can save your business grief.... A forklift driver was sacked after breaking his employer's "golden rule" of operating a vehicle while a customer was in an exclusion zone.  The employee claims he was unfairly dismiss and has taken his case to the Fair Work Commission (FWC) The Fair Work Commission (FWC), has ruled that his dismissal was unfair. FWC heard this was the second safety-related incident during the forklift operator's
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With over 122 Modern Awards with multiple classifications, understanding pay rates can be difficult.

Calculating the wrong pay rates can result in costly fines and back payments to your employees.

Recently, a business on Sydney’s north shore has had to back-paid three young employees almost $35,000.  The business told Fair Work inspectors it was not aware the correct pay rates and the extent of its obligations.  An expensive way to find out. As Fair Work constantly says, "operators need to make an
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In relation to a recent decision in the Fair Work Commission, it was clear that a genuine redundancy could only have occurred if the Company had complied with the consultation obligations contained in clause 8 of the Retail Award. The Company had argued the dismissal of the employee was the result of a genuine redundancy, and therefore the termination was effected for a valid reason and could not be characterised as harsh, unjust or unreasonable. However, it was unable to show where or how it had consulted with the em
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Having an employee facing criminal charges can be a sticky situation!

Do not assume that you can legally terminate the employment of someone facing of the criminal charges.

Employers must give any accused employee a chance to respond and to tell their version of events, no matter what the circumstances. When terminating an employee it is essential to follow correct process.  In previous cases, the Fair Work Commission's major concern has been procedural fairness.  Before you terminate an employee you must have
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At HR Central, we are constantly reinforcing the fundamental need for the importance of HR policies in the workplace.

The top tips for implementing policies in any business are as follows:

  • Make the policies simple and easy to read
  • Ensure your employees are aware of these policies and have access to them at all times
  • Train & educate your employees about what these policies mean in the workplace.
  • Keep records of all of the above!
On the surf
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What is the real definition of a casual employees?  Are you sure your employees are legitimate casuals?

A recent decision from Fair Work Commission are worth reading when you are considering whether the employment of a new staff member is actually of a casual nature, or whether there is a more permanent relationship. The Commissioner stated : “Each set of facts in each case must be examined and that, if the number of hours worked is small and the gaps between days and times worked is long and irregular t
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