It is important for employers to be familiar with the provisions in the Fair Work Act surrounding right of entry for union representatives. Representatives with an entry permit can enter an employer’s premises in order to meet with employees who are, or could be members of the union, to hold discussions during “breaks”, or to investigate a suspected contravention of an award or enterprise agreement.
Changes to all modern awards, which have introduced provisions relating to family and domestic violence leave, came into effect from 1 August 2018. This change has come about due to the 4 yearly review of modern awards.
Section 558B of the Fair Work Act states that a franchisor can be held liable for any breach of The Act made by a franchisee, unless they are able to prove, among other things, that they had previously taken reasonable steps to prevent the breach.
To successfully defend an unfair dismissal claim, an employer must be able to satisfy the Fair Work Commission (FWC) that the dismissal was not harsh, unjust or unreasonable.
A plumbing business has been fined $100,000, and its director $21,500, after it failed to pay overtime to an apprentice and meet its record-keeping obligations. The penalty was high, relative to the underpayment, because of the employer’s dreadful treatment of a young apprentice.
In a recent Queensland District Court decision, Robinson v Lorna Jane (Judge Koppenol, 3 November 2017), Ms Robinson made a common law claim for psychological and physical injuries, which she claimed arose from her employment between July and December 2012 as the manager of a Lorna Jane store.
Employers have been put on notice to take a more cautious and methodical approach to consultation with employees before redundancies after the Fair Work Commission reasserts the importance of proper consultation processes.