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Wes O'Donnell

Coronavirus update 7 July 2020 – Victoria moves back to Level 3 restrictions

July 7, 2020

Just when Australians were beginning to transition into a “coronavirus normal”, Victoria has seen an alarming and unacceptable spike in newly confirmed coronavirus cases which has forced the State into “fight” mode. Premier of Victoria, Daniel Andrews announced today that from 11.59pm on Wednesday, 8 July 2020, Metropolitan Melbourne and Mitchell Shire residents will once again be subject to Level 3 restrictions for a 6-week period. While Victorians were hoping to avoid further restrictions, the Government has taken this step following a significant increase in community transmission of COVID-19 cases. The information provided in this article is current at the date of publication, however, given the fast pace at which the situation is evolving, businesses are strongly encouraged to monitor the Victorian Department of Health’s advice and our associated resources. What are the latest restrictions? The Victorian Government has today announced Level 3 stay home orders. This means that individuals must stay home and can only leave home if any of the following four reasons apply: Shopping for essential food and supplies; Care and caregiving; Exercise...

Compliance made easier: It’s about behaviour and values

Compliance made easier: It’s about behaviour and values

June 22, 2020

I remember presenting a challenge to a Board meeting once: “What do you rate this company on a scale from 0-5 in the area of diversity?” It was a trick question (with the Chairperson’s approval, of course). Most of the Board members opted for a 4, cautiously affirming, but not excessively so. Braver ones opted for a 3, acknowledging that there was probably lots of work to be done. The Sales Director, a predictably bullish individual, insisted we were a full 5, no question! The trick was, that on this scale, the range was 1-5, and 0 was reserved for any company rating itself a 5.  Why? The lesson here was not about diversity, it was about teachability and sober self-reflection. About humility, and honesty. Because if we think we are perfect, then we have stopped learning and we have stopped growing. There is nothing that can be done for us except to wait for our eventual fall from grace, and to maybe write up a case study for others on how it might have been avoided.  Why do I open with that seemingly random anecdote?  Values  The question of how real an organisation’s “corporate values” are has always been an...

Wes O'Donnell

Fair Work Commission announces 2020 minimum wage decision

June 19, 2020

The Fair Work Commission’s Minimum Wage Panel (Panel) has today handed down its minimum wage decision which increased the National Minimum Wage, together with all Modern Award minimum rates of pay by 1.75%. This year, The Panel was confronted with particularly challenging macroeconomic circumstances arising from the COVID-19 pandemic, including an anticipated fall in Australian GDP by up to 8% and significant increase in unemployment. During the review process “sharply polarised” positions were put to the Panel. While the Government did not express its actual position, it did advocate a cautious approach with a primary objective of maintaining employment. Employer and industry groups contended that minimum wages should either not increase, or increase at a later stage in the year – this was recommended as many employers are unlikely to be in a position to absorb any increase in labour costs which would adversely impact upon employment and the economic recovery. While the Australian Council of Trade Unions (ACTU) acknowledged that employers in many industries are adjusting to significant reductions in consumer demand, it sought an increase of 4% to...

Matthew Robinson

Wage Theft – Keep Calm. Protect Your Brand. Audit!

May 26, 2020

No one wants the mistakes they make today to become tomorrow’s headlines, to see the reputation of their company burned to the ground by a firestorm of negative public opinion. Matthew Robinson dons an asbestos suit to tell you how to fireproof your business against allegations of ‘wage theft’. Over the last few years, the public consciousness has turned time and time again to what is seen as a growing problem with what’s now named “Wage Theft” (everyone loves a catch phrase). Throughout 2019, it was common to see brand after brand splashed across the news and social media platforms as having underpaid their staff monstrous amounts. Politicians have been climbing over themselves to decry “wage theft” and pushing for harsher penalties on those who exploit the vulnerable. As much as I would like to write about what the harsh new penalty regime will look like, I don’t have a crystal ball. The ultimate position on these laws could substantially change depending on the political opportunism of some Senate minorities. However, it is fair to say that in 2020 the Fair Work Act 2009 (Cth) is likely to be changed to increase penalties, perhaps even impose prison...

Benjamin Gee

WorkPac v Rossato: When is a casual not a casual?

May 25, 2020

In 2018 the WorkPac v Skene[1] case sent shockwaves in the labour market when a casual employee was in hindsight found to have been employed on a permanent basis. In 2020, a new Court decision in Workpac v Rossato[2] has the real potential to trigger widespread reviews of the nature and utilisation of workers on casual employment arrangements in Australia. While the Skene case was about an employee engaged under an Award, the new Rossato decision dealt with the nature of casual employment under the Fair Work Act (The Act) which means it has a broader impact for casual employment across all Awards. Why is this case important? This case potentially allows certain casual employees, who meet the requirements, to claim leave entitlements under The Act. The case also found that employers were not able to offset any casual loading already paid to the employee against the amount owed. These two parts together potentially creates new liabilities for employers with casual workforces. Entitlements under the Fair Work Act. The National Employment Standards (NES) are a set of 10 minimum standards for all employees in the Federal workplace relations system and include annual leave, paid...

Campbell Fisher

Sushi operators slammed with record penalties

May 19, 2020

COVID-19 may be dominating the economy right now, but yesterday proved that businesses can’t get away with wage theft even in the midst of a pandemic. The Federal Court imposed record penalties against the operators of three Hero Sushi outlets, in Newcastle, Canberra and on the Gold Coast, totalling $891,000. Not only were the penalties imposed against the businesses, but also against individuals within the business, including the owners and several payroll officers at Hero Sushi head office. The penalties came after Fair Work Ombudsman (FWO) audits found wholesale underpayments occurring across all three Hero Sushi outlets, with workers (many of them young, overseas workers on student or working holiday visas) underpaid nearly $800,000 over a sixteen-month period in 2015/2016. To compound their misdeeds, the business owners created a large number of fake documents to try and conceal their fraud. This is a particularly blatant example of what is nowadays called ‘wage theft’ – being, as it was, a deliberate and systematic scheme to exploit vulnerable workers. But inadvertent underpayments can also be categorised as ‘wage theft’ by a public tired of...

Campbell Fisher

Coronavirus update 8 May 2020: Government announces a framework to ease lockdown restrictions

May 8, 2020

Today, National Cabinet announced a three-stage framework for relaxing coronavirus restrictions in Australia in an effort to restart the economy – these measures will be reviewed by the Government every three weeks. The ACT, South Australia and Queensland will begin easing certain restrictions before this Monday. It remains unclear on when the rest of Australia will begin these new measures as each state and territory government will need to assess local conditions before implementing the new plan. Restaurants and small cafes will be among the first to open while social distancing measures are to remain in place. Libraries, community centres, playgrounds and boot camps will re-open and people will be able to undertake local and regional travel. According to Prime Minister, Scott Morrison, the first stage of easing restrictions is expected to boost the Australian economy by more than $3 billion per month and restore 325,000 jobs. The road to recovery – three-stage framework Step 1: Five visitors at home, 10 in businesses and public places Work from home if it works for you and your employer Restaurants, cafes and shopping open Libraries, community centres...

Nick Tindley

Jonathan Stamatelos announced as a finalist in the LawyersWeekly 30 Under 30 Awards for 2020

May 7, 2020

We are delighted to announce that Jonathan Stamatelos, Associate in the FCB Workplace Law Melbourne team, has been announced as a finalist for the second year running in the  LawyersWeekly 30 under 30 Awards in the Workplace Relations category for 2020. Lawyers Weekly’s 30 Under 30 is Australia’s largest gathering of lawyers aged 30 and under in Australia. The awards program provides a platform for the rising stars working in the legal industry in Australia to showcase their hard work and celebrate the top-performing professionals of the year. The eighth annual 30 Under 30, run in partnership with principal partner Taylor Root, offers finalists and winners a range of experiences and opportunities that extends far beyond their winning moment. This year, they are excited to introduce a new approach to announcing finalists which aims to showcase their achievements and better tell their story. This year will feature 282 high-achieving legal professionals across 30 submission-based categories. “This year has by far been the most hotly contested 30 Under 30 to date, with the finalists acting on some of the largest and most noteworthy deals the market has seen over the...

Benjamin Gee

Critical COVID-19 amendments made to the Fair Work Act 2009

April 9, 2020

In response to COVID-19, the Australian Government has last night introduced legislation to temporarily amend the Fair Work Act 2009 (Act) to assist employers and employees to work through the economic impact of COVID-19. The Coronavirus Economic Response Package Omnibus (Measures No. 2) Bill 2020: Amendments to the Fair Work Act 2009 introduces temporary and critical changes to the Act to enable the $1500 per fortnight JobKeeper payment to flow to eligible employers and employees, and achieve a number of other ‘job-saving’ flexibilities during this extraordinary time. One key objective of the amendments is to help ensure employees remain productively employed and continue to contribute to the business of their employer where it is safe and possible for the business to continue operating. As part of the amendments qualifying employers are permitted to make ‘JobKeeper enabling’ directions to stand down employees or make temporary alterations to usual duties, days and location of work. The Fair Work Commission will have the authority to review and resolve any disputes about JobKeeper enabling directions made by an employer. What does this mean for...