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Nick Tindley

2019 Minimum Wage Decision

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 3.0%. The Panel considered the current economic environment and reasoned that economic indicators now point to a healthy national economic environment, strong employment growth and that no adverse employment effects have been identified as a result of the previous two decision wage decisions. The ACTU called for a $43.15 a week increase arguing it was incumbent on the Panel to make a decision that would lead the market and make meaningful progress towards the living wage. Employer groups such as the Australian Retailers Association proposed a modest increase of 1.8% a week. The ARA submitted that a ‘modest’ increase should be considered in light of the high increases in recent years being compensation that the economy, employment levels and business can no longer afford. The Panel reasoned that low wage growth has significant economic and social consequences and that it was appropriate to provide a wage increase that will allow those who have their wages set by...

Jessica Fisher

Staying Ahead of the Curve: Overcoming Workforce Management Challenges in the Aged Care Industry

Jessica Fisher, Partner at FCB Workplace Law, explores how aged care providers can gain a competitive advantage in both employment and commercial spheres by embracing workplace flexibility, being proactive and responsive to change, and getting the balance right between compliance and productivity. "2019 looks set to be a year of challenges and change. The Aged Care Royal Commission and Federal Election (with possible new government), mean that change-fatigued providers need to focus on the risks they can influence in order to succeed in an ever-changing landscape.” Being compliant while managing your workforce in today’s aged care industry is fundamental to mitigating risk and achieving greater success. Changes to our workplace relations system, and the vagaries and challenges of dealing with diverse and individual staff, can make this seem like an uphill battle. But there are ways to do it better and stay ahead of the curve. Which Government? What Laws? Who’s the Leader? What? If the last decade has taught us anything, it’s that Australian politics are unstable, unpredictable and occasionally embarrassing. With a Federal election looming in 2019, and...

Benjamin Gee

Working Class.. Independent Contractor

August 13, 2019

When, in 1985, Jimmy Barnes immortalised the Australian steeltown disciple, blue denim in his veins, a ‘working class man’, he sure wasn’t singing about a bike-riding, point-to-point self-employed food delivery technician. Two years ago,1 I wrote about the emergence of the gig worker in the Australian labour market. Since then, here at FCB Workplace Law, we’ve been following the developments in business practice and case law in Australia that examine non-standard employment, including workers in the gig economy. Throughout 2018, we saw a noticeable increase in the conversation about this emerging segment of the labour market in the tribunals, political parties and amongst our clients, along with several notable decisions by the Fair Work Commission. Here are some of them… Can you fire your driver? In December 2017, the Fair Work Commission (FWC) dismissed an unfair dismissal application by an Uber driver.2 After examining the nature of the relationship and communications between the driver and Uber, and the terms of the written agreement between them (which expressly identified the driver as an independent contractor), the FWC dismissed the unfair...

Campbell Fisher

FCB Group recognised as an Employer of Choice in The Australian Business Awards 2019

August 2, 2019

FCB Group has been recognised as an Employer of Choice (EOC) in The Australian Business Awards 2019. Now in their fourteenth year, The Australian Business Awards are an annual all-encompassing awards program which recognises organisations that demonstrate the core values of business innovation, product innovation, technological achievement and employee engagement via a set of comprehensive award categories. The EOC accolade recognises organisations which have developed workplaces that maximise the full potential of their workforce through practices that demonstrate effective employee recruitment, engagement and retention. The Australian Business Awards program provides notable opportunities for high-performing organisations to be acknowledged and honoured for their achievements both nationally and internationally. The Employer of Choice Award recipients will participate in the international chapter of the program at the World Business Awards whereby participants are provided with the unique opportunity to benchmark themselves against the top performers globally. The Employer of Choice Framework (EOC Framework) is utilised as a...

Wes O'Donnell

High Profile Underpayment Issues Trigger Criminal Penalties

July 29, 2019

The Coalition Government has recently announced that it will seek to criminalise non-compliant and unethical employer conduct. This has arisen in the wake of the recent George Calombaris underpayment scandal and can be seen as an extension of the Government’s general policy position towards the protection of vulnerable workers and further strengthening the audit and compliance tools available to the Fair Work Ombudsman (FWO) and Courts. This announcement also serves as a timely reminder for employers, particularly those who engage vulnerable workers or pay minimum Award entitlements, to ensure that they are completely compliant with all terms, conditions and obligations of employment as recent experience indicates that ignorance will no longer we tolerated as a defence, and the public at large will expect significantly increased penalties and enforcement action as a result of any identified non-compliant practice. Current Legislation In response to the exploitation of vulnerable workers, there has already been the introduction of a higher scale of penalties for serious contraventions. This includes a tenfold increase in the maximum penalty for serious...

Rod Marshall

WHS and The Professional Athlete: The Final Frontier for Workplace Regulation 

July 2, 2019

When the Field of Play is a legal minefield, you face some tough opposition when it comes to reducing your legal liability. If you want to win the game, or at least survive, it pays to know your WHS. Professional Sport and the Workplace In States where the model Work Health and Safety (WHS) laws are in place any “person conducting a business or undertaking” (PCBU) owes a duty to ensure, so far as is reasonably practicable, the health and safety of workers engaged or caused to be engaged by them, or whose work activities they influence or direct. The duty captures sporting clubs that employ athletes, as well as the governing bodies that manage and oversee the competitions in which those clubs compete (eg. Rugby AU, NRL, Cricket Australia etc.). The model WHS laws also impose a duty on the “officers” in control of PBCU’s to exercise due diligence to ensure that the person conducting the business or undertaking complies with that duty or obligation. While model WHS laws require PCBU’s to take all reasonable steps to ensure the health and safety of all workers, including professional players, they don’t go as far as to require PBCU’s to ensure that workplace injuries...

Campbell Fisher

Fair Work Ombudsman Targets the Fast Food, Restaurant and Café Industries

June 4, 2019

On Monday, 3 June 209 the Fair Work Ombudsman, Ms Sandra Parker, announced FWO’s priorities for 2019 – 2020, altering the agency’s public image from mediator to regulator.  Law enforcement and adherence to Australian industrial relations laws are the top priorities, with a strong focus on targeting “priority industries” which include the Fast Food, Restaurant and Café industries, and Franchisors. The FWO intends to enforce industrial laws by issuing compliance notices, and also announced that if these notices are not complied with, the FWO won’t be shy in seeking monetary penalties through the Court system. In its stronger approach to enforcement, the FWO stated that it will use its powers to publicly name (and thus shame) employers who are not complying with their obligations to employees. Going forward, the FWO made it clear that if an organisation is found to have underpaid its employees – regardless of whether or not it self-reported the underpayments – it will require the organisation to provide the FWO with an enforceable undertaking.  Effectively, this means that an organisation will be required to provide the FWO with a written assurance...

Bianca Seeto

Jonathan Stamatelos announced as a finalist in the 2019 LawyersWeekly 30 Under 30 Awards

March 28, 2019

We are delighted to announce that Jonathan Stamatelos, Associate in the FCB Workplace Law Melbourne team, has been announced as a finalist in the 2019 LawyersWeekly 30 under 30 Awards in the Workplace Relations category. Lawyers Weekly 30 Under 30 recognises excellence in young lawyers across Australia. Achieving 30 Under 30 status offers the springboard for career progression, giving industry-wide recognition for professional competency while highlighting a passion for the law and dedication for personal advancement. Jonathan's nomination was supported by glowing references from members of the FCB partnership team and two of our clients. Alicia Gagnell, Regional Head of HR – SEAPAC for Hugo Boss described why she likes working with Jonathan.  In her words: “Jonathan’s point of difference is his authenticity and passion for our business.  Jonathan is incredibly humble and authentic and relates well to every member of the HR team.  He has built a strong and positive rapport within our business.  I have worked in HR for 14 year and have partnered with many different employment lawyers during my time.  In my experience, the technical ability varies from...

Nick Tindley

Fairness in Franchising Report and Migrant Worker Taskforce – Looming Crackdown on Employee Exploitation

March 22, 2019

The Parliamentary Fairness in Franchising Report (Report) into the franchise sector delivered last week outlined a number of key recommendations all businesses should be aware of.  The Report found that underpayment of employee wages and entitlements occurred in many franchises and in response the Committee recommended that: …the Australian Government ‘amend the Franchising Code of Conduct to require, as part of mandatory disclosure, guidance on employment matters, especially Awards, minimum wages, and overseas workforce issues to be developed by the Fair Work Ombudsman’. The Report also made recommendations to address exploitation of some franchisees by franchisors by recommending higher penalties for breaches of the Franchising Code, increased powers of the ACCC and greater transparency in disclosure of franchise documents. It appears likely there will be significant change to franchising laws after the election. Additionally, on 7 March 2019 the Final Report of the Migrant Workers Taskforce (Taskforce) was released further highlighting the extent of the exploitation of Australia workers. Unsurprisingly, the Taskforce found worker...