– A Reference Point to learn changes in Australian Employment Law
– Issues Affecting Your Business
– Guiding Employers towards Compliance
– Providing Best Practice Solutions for Business
Proposed Reforms to Casual Employment
The Senate last week passed a reduced version of the IR Omnibus Bill, with changes to Casual Employment Arrangements the only surviving element. The Amended Bill is to return to the House of Representatives, to be approved next week.
The changes to Casual Employment include a much-needed definition of a Casual Employee; protection against ‘double-dipping’ claims by long term Casuals and a scheme for Casual Employees to request conversion to Permanent status.
The Bill will hopefully provide clarity and commonsense for business owners.
We will provide updated information once the Bill reaches its final form and legal requirements are clarified.
A reminder to Employers that the Bill is not yet Law, so current arrangements continue to apply.
Central Coast hair salon operator in court
The Fair Work Ombudsman (FWO) has commenced legal action in the Federal Circuit Court against the operator of a hair salon in the Central Coast region of New South Wales.
The regulator commenced its investigation, after receiving a request for assistance from a Worker employed as a 1st year hairdressing Apprentice at the salon, between October 2019 and May 2020.
A Fair Work Inspector issued a Compliance Notice to the company in October 2020 after forming a belief the Employee was underpaid minimum rates, overtime loading and weekend penalty rates under the Hair and Beauty Industry Award 2010.
The FWO alleges the company, without reasonable excuse, failed to comply with the Compliance Notice. The notice required the company to calculate and back-pay the Worker’s Entitlements. A failure to provide pay slips as required is also alleged. The Employer was allegedly involved in the contraventions.
In line with the FWO’s proportionate approach to regulation during the COVID-19 pandemic, the FWO made several attempts to secure voluntary Compliance before commencing proceedings.
The hair salon faces a maximum penalty of $31,500 for failing to comply with the Compliance Notice and a penalty of up to $63,000 for failing to provide pay slips. The Employer personally, also faces a maximum penalty of $6,300 for the alleged involvement in the Compliance Notice contraventions and a penalty of up to $12,600 for the alleged involvement in the pay slip contravention.
A directions hearing is listed in the Federal Circuit Court in Sydney on 9 April 2021.
Having an ABN does not always make someone a Contractor
There are a number of factors that need to be taken into account when deciding if an individual can be considered a Contractor, as opposed to an Employee.
We recommend you read the attached fact sheet, prepared by the Fair Work Ombudsman, on the differences between Employees and Contractors.
If you need any Advice on the above mentioned, or any other Employment related matters, please do not hesitate to contact us.
We wish you & your family all the very best through this uncertain time.
– Ensure your Business is Compliant with current Australian Employment Law. Has your business had a yearly Compliance Check? Ensure your internal operations are efficient, effective and compliant. A solid Employment Framework should Protect your Business in the event of a claim.
– Please contact us if you have any Enquiries.
– Phone or E-mail Tania for Clarity & Peace of Mind, so you can focus on growing your business.