As the approaching Christmas season brings 2018 inexorably to a close, the NRA’s Legal Practice Director and Deputy CEO, Lindsay Carroll reflects on a year that has been a challenging time for retailers and business in general. Never before has compliance with industrial laws been so far at the forefront of the national consciousness, with […]
By Sooraj Sidhu and Lindsay Carroll, NRA Legal Yesterday, the Fair Work Commission’s (FWC) president Iain Ross responded to reports commissioned last year, which urged the establishment of a ‘Small Business Division’ of the Fair Work Commission and the reduction of red tape associated with unfair dismissal and adverse action claims. The news comes following […]
The National Retail Association (NRA) has today welcomed the appointment of Sandra Parker PSM as the new Fair Work Ombudsman. The highly distinguished Ms Parker will commence her five-year term on 15 July 2018, following the conclusion of current Ombudsman’s Natalie James’s tenure. NRA CEO Dominique Lamb congratulated Ms Parker on her appointment and said […]
By Emma Treherne and Lindsay Carroll, NRA Legal An employer who deliberately withheld parental leave payments to an employee has been ordered to pay a whopping $98,700.00 in penalties. Judge Nicholls of the Federal Circuit Court of Australia held that both the employer and company director of the employer broke the law by, amongst other […]
By Victoria Hansen and Lindsay Carroll, NRA Legal Following a night in jail, a Northern Queensland employer who underpaid his staff has won a stay on a 12 month jail term which was imposed for defying a court order. The Fair Work Ombudsman (FWO) who brought the case against the owner-operator of the business, stated […]
The Fair Work Ombudsman (FWO) has recently consulted with the NRA regarding the first phase of the Workplace Basics Campaign, a national campaign focusing on small business employers and their compliance with fundamental workplace obligations. As part of this first phase, Fair Work Inspectors will be contacting around a thousand employers in multiple industries across […]
If you don’t, it will become a very expensive exercise… Written by Sid Sidhu and Justine Ansell, NRA Legal Record keeping can be a time consuming and tedious task for most businesses, especially those without a dedicated payroll team. However, members must be vigilant in this space given the strict legal requirements and in light […]
The retail trade figures for July released by the Australian Bureau of Statistics this week showed that the industry enjoyed a solid start to the financial year. I’m always aware that these figures vary from state to state and sector to sector, but on the whole it was encouraging to see the 3.5 per cent […]
By Alexander Millman and Angela Szczepanski, NRA Legal FWO v MHoney Pty Ltd & Anor [2016] FCCA 2959 In November last year, Judge Burchardt of the Federal Circuit Court in Melbourne found that MHoney Pty Ltd and its director, Mr Abdulrahman Taleb, had deliberately engaged in multiple serious and deliberate contraventions of the Fair Work […]
by Sid Sidhu and Troy Wild Fair Work Ombudsman v Gaura Nitai Pty Ltd & Anor [2017] FCCA 1242 Another franchisee has been exposed by the Fair Work Ombudsman (the Ombudsman) for exploiting a migrant visa worker who was “desperate” to secure sponsorship. The Coffee Club cafe based in Brisbane has been fined more than […]
Written by Ben Desir and Troy Wild, NRA Legal Jia Ning Wang, owner and operator of the Fire and Stone Restaurant, has been received a $20,366 penalty, and his company Golden Vision Food and Beverage Services Pty Ltd has been penalised an additional $51,830 after it was found that he deliberately exploited young international students. […]
by Angela Szczepanski and Troy Wild, NRA Legal Fair Work Ombudsman commences legal action against IGA for underpaying employees The Fair Work Ombudsman (FWO) has commenced legal proceedings in the Federal Circuit Court against a Melbourne IGA supermarket operator who allegedly underpaid six employees and submitted false records to the FWO. The FWO have filed […]
by Ben Desir, Workplace Advisor, NRA Legal Concerning reports of 7-Eleven employees being forced to pay back parts of their wages have come to light. Recent media reports suggest that franchisees of the embattled 7-Eleven brand, have continued to flout their employment law obligations. Workers have spoken to media outlets claiming that their employers have […]
by Victoria Hansen, Lawyer, NRA Legal The Fair Work Ombudsman (FWO) deployed an unannounced campaign in Ballarat this week to address concerns regarding potential non-compliance with Commonwealth workplace laws. The FWO campaign had a particular focus on businesses in the retail, fast food and hospitality industries and conducted more than 50 visits to retail businesses, cafes, […]
The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help employers and employees understand their legal rights and obligations. According to the FWO, the campaigns include compliance and education activities, such as providing a range of tools, resources and assistance to businesses to ensure compliance with […]
FWO warns businesses to monitor worker obligations within their supply chain and network Natalie James, the Fair Work Ombudsman (FWO), has encouraged businesses to use Baiada Group, Australia’s second largest poultry processor and supplier of Lilydale and Steggles, as an example and to get ahead of any compliance issues in their supply chain or network. […]
This week will we see the final release of trade data from the Australian Bureau of Statistics before the Christmas and Boxing Day trading period. It should give us a clearer indication of how consumer sentiment is tracking as we move into the most important month of the year for retail. An analysis released by […]
The Fair Work Ombudsman (FWO) has secured a stay on an $800,000 costs order imposed by a judge who found in June that it had not acted in the best interests of workers when it pursued directors of the employer under the Fair Work Act’s accessorial liability provisions for underpayments of more than $1 million. […]
The Fair Work Ombudsman has warned employers and those in management positions to be careful of their actions when it comes to workplace liability. Accessorial liability provisions contained in the Fair Work Act now make it possible that with body corporate employers, proceedings may be brought not only against the principal corporate offender, but also […]
The Fair Work Ombudsman, Natalie James, is putting all retailers on notice when it comes to neglecting labour supply chains. James says that “a company that cares about its reputation and recognises the growing value of that reputation in a competitive market place must take an interest in what’s going on in its labour supply […]