In a decision handed down on 15 May 2017, the FWC found that a former employee of Jones Lang La Salle (Vic) Pty Ltd, who was made redundant, was covered by the Retail Estate Industry Award 2010 (“Award”) notwithstanding the employee’s title as “Regional Director – Capital Markets” and that his income (which was not disclosed) was well in excess of the high income threshold of $138900. The effect of the decision is that the former employee, Mr Kaufman, can proceed with an unfair dismissal application alleging his redundancy was not “genuine” within the terms of the Fair Work Act 2009. 

In her address to the Australian Human Resources Institute in 2016, the Fair Work Ombudsman, Natalie James, said “there must be clear consequences for those in trusted positions, those whose advice is relied upon and those with the responsibility to know better who play a part in undermining workplace laws”. Consistent with this warning, the Fair Work Ombudsman has used the accessorial liability provisions of the Fair Work Act to proceed against directors, managers, human resources advisers and franchisors. Last month, the Fair Work Ombudsman tested the limits of those provisions even further and successfully obtained a declaration that an accounting firm was liable for award contraventions by its client.

A brothel and its sole director have been ordered to pay a former receptionist compensation of just under $100,000 and penalties of over $75,000 after subjecting the receptionist to unlawful adverse action and failing to pay award entitlements. The Federal Circuit Court accepted that the brothel’s sole director was knowingly involved in the breaches and ordered that he be jointly and severally liable for the compensation awarded as well as personally responsible for part of the penalty. 

The Fair Work Commission has varied penalty rates in a range of modern awards covering hospitality and retail employees. The changes will start to take effect over the coming months, although the transitional arrangements have not yet been finalised so employers will need to watch this space.

A young woman was recently awarded over $300,000 after a hotel caretaker entered her bedroom at night while he was naked, touched her thigh and groin without consent and attempted to remove her underpants. The decision continues the recent trend for courts and tribunals to award substantial damages for sexual harassment and is a timely reminder for employers to take steps to prevent sexual harassment and discrimination in the workplace.

As 2016 draws to a close, here is a summary of 3 key changes and events that hit the headlines:

The silly season has started and Christmas parties are well underway. For employers, this means it is time to think about employee safety and wellbeing during the party season and to remind employees about their obligations at work events.

Increasingly, businesses are approaching us for advice in relation to their use of contractors and labour hire arrangements to meet their labour needs. Of course we appreciate the advantages of such arrangements for businesses. However, businesses who engage in any arrangements which illegitimately classify employees as contractors, now - more than ever, are running the gauntlet.

In a recent decision, the Federal Circuit Court sent a clear message on this issue, fining an employer and its sole director a total of $124,000 for sham contracting and associated legal breaches.

It’s the time of year we all start to look forward to the Christmas break and for most businesses, this means it is also time to think about making arrangements for staff over the holiday period. Whether you intend to shut down entirely for the Christmas/New Year period, work through this period or maintain a skeleton staff, there are some things to be aware of in order to avoid breaching the Fair Work Act 2009.

The National Minimum Wage decision for 2016 was yesterday handed down by the Expert Panel of the Fair Work Commission (FWC), based on actual and forecasted economic and social data.

As a result, from 1 July 2016:

• the National Minimum Wage and minimum wages in Modern Awards will increase by 2.4%;
• the National Minimum Wage will be $672.70 per week or $17.70 per hour;
• weekly wages in Modern Awards will be rounded to the nearest 10 cents; and
• the casual loading will remain at 25% in Modern Awards and for Award/Agreement free employees.