Australia's leading
workplace relations specialists.

Publication

Share this:
FacebookTwitterLinkedIn

The latest from FCB

View all posts
Coronavirus update 19 October 2020 – lockdown restrictions ease

Coronavirus update 19 October 2020 – lockdown restrictions ease

October 19, 2020

By Amanda Curatore, Senior Workplace Relations Consultant  Over the weekend, Victorian Premier Daniel Andrews said that the State has “a little longer to go” until COVID normal, however, announced the easing of Melbourne’s Stage 4 restrictions. So, what does this mean for employers and employees in Victoria? Let’s find out… Changes to the road map Under the road map announced on 6 September 2020, movement to the next stage was based on specific dates and an average of case numbers over the previous 14 days. Now, however, the roadmap has been amended, and the five-case rolling average to move to the next stage has been set aside. Further, Andrews indicated that the zero-case threshold for changes in late November would also be scrapped. What do you need to know? Effective from 11:59 PM on 18 October 2020, Metropolitan Melbourne took a further step forward in reaching its COVID Normal. The most significant departure from the initial road map was the removal of the 5-kilometre travel distance. Melbournians can now travel within 25 kilometres from their home however, several restrictions continue to remain in place. Residents are still subject to the Stay at Home...

Employer of record vs actual employer – how to tell the difference

Employer of record vs actual employer – how to tell the difference

October 13, 2020

By Nicole Visedo, Senior Workplace Relations Consultant  When a corporate group of companies becomes insolvent, the appointed liquidator has to identify the correct entity within the group that is the employer. Which entity is the actual employer can have a major impact on an employee’s chances of recovering unpaid employee entitlements when their employer has failed to pay these entitlements due to insolvency. Some corporate groups have structured their business to have one company in the group that is, on paper, the employer. But a recent case shows that, under the law, if your corporate group goes bust, the entity you have down as the ‘employer of record’, and the entity actually employing your workers, may not be the same! The Case In Branded Media Holdings Pty Limited (in liq) [2020] NSWSC 557 (“Branded Media”), Liquidators sought directions on the true employer following the external administration of Brand New Media Pty Ltd (“BNM”) and its subsidiary Branded Media Holdings Pty Ltd (“Holdings”). The subsidiary, Holdings, was placed into liquidation and BNM was subject to a deed of company arrangement. ‘On paper’, Holdings was named as the...

The risks of unpaid work

The risks of unpaid work

October 9, 2020

By Ceri Hohner, Associate at FCB Workplace Law  Although some unpaid work arrangements are lawful, many are not, and a hostel chain is the latest employer to be accused of underpaying a group of workers that it classified as ‘volunteers’. The law firm organising the class action anticipates that the underpayment claim could be worth $15 million in lost wages. Unpaid work is generally unlawful, other than in a few limited exceptions as outlined below. Employees have a right to be paid for all work performed for their employer. Unpaid work Under the Fair Work Act 2009 (Cth), certain individuals are excluded from employment entitlements, including persons on a vocational placement. ‘Vocational placements’ are formal, regulated arrangements undertaken as a requirement of an education or training course, and authorised by law. As a result, not every period of ‘work experience’ will qualify as a vocational placement. Unpaid work experience or internships may be undertaken where the person is not performing substantive or productive work to the business but is instead, obtaining meaningful value for themselves and their career or professional development...

Campbell Fisher

FCB Group receives Employer of Choice Award for the fourth consecutive year

October 8, 2020

Today, The Australian Business Awards recognised FCB Group as an Employer of Choice in The Australian Business Awards 2020, for the fourth consecutive 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 Australian Business Award for Employer of Choice recognises organisations that develop workplaces that maximise the full potential of their workforce through established policies and practices which demonstrate effective employee recruitment, engagement and retention. Esther Williams, Head of Human Resources at FCB Group says: “We’re exceptionally proud to have won this award. We wholeheartedly believe that our people are our biggest asset and each day we make sure that working at FCB Group is a wonderful experience for them. “Being an Employer of Choice is a true reflection of our company values and culture and this has certainly been tested out this year – it’s been difficult, but as a team we have come...

Retailers beware: October 2020 wage update

Retailers beware: October 2020 wage update

October 1, 2020

By Simon Saha, Workplace Relations Consultant at FCB Group Retailers should be aware of an increase in evening penalty rates for casual employees, commencing on 1 October 2020. Employers in the retail sector will be required to review and update casual employee wages from 1 October 2020, as changes to the General Retail Industry Award 2010 increase the loading paid to casual employees for evening work, Monday to Friday, to a loading of 45 per cent, inclusive of casual loading, from the current loading of 40 per cent. Additionally, the Award specifies that the new rates come into effect from 1 October 2020, and not the first full pay period following. This update to casual wages also serves as a timely reminder of the need to regularly review wage rates for all employees, as there has been significant focus by the Fair Work Ombudsman recently on wage compliance and underpayment liabilities. Employers should conduct an annual review of employee wages and salaries, to ensure they comply with the Award, to avoid the significant penalties that apply for non-compliance. If you have any concerns or would like to learn more about wage compliance, please contact Simon Saha on (02) 9922...

Coronavirus update 29 September 2020 – lockdown restrictions ease in Victoria

Coronavirus update 29 September 2020 – lockdown restrictions ease in Victoria

September 29, 2020

By Amanda Curatore, Senior Workplace Relations Consultant On Sunday 27 September 2020, Victoria’s Premier Daniel Andrews, announced the easing of restrictions under the existing ‘road map’. This is a positive step for the state as COVID-19 cases are slowly reducing.  So, what does this mean for employers and employees in Victoria? Let’s find out… Changes to the ‘road map’ Under the road map announced on 6 September 2020, the movement to the next stage was based on specific dates and an average of case numbers over the previous 14 days. Now, however, the roadmap has been amended, and Melbourne will move to the next steps based on reaching ‘trigger points’. At these trigger points, the public health team will review changes to restrictions based on case numbers, testing numbers and other factors to determine whether it is safe to move to the next step. What do you need to know? Effective from 11:59 PM on 27 September 2020, Metropolitan Melbourne moved into the second step towards a COVID Normal. The most significant departure from the initial road map was the removal of the 9 PM to 5 AM curfew. However, several restrictions remain in place. Residents will still...

Jessica Fisher

Aged Care Industry Update – September 2020

September 23, 2020

The Aged Care industry has been faced with a huge number of challenges and changes in 2020. Many changes have been in response to the COVID-19 pandemic, others have arisen from major case developments within the employment law framework, and compliance in the sector more broadly. FCB’s Aged Care team considered it would be useful to summarise the main changes and provide a view on what we might see next. Paid Pandemic Leave – Modern Awards In July 2020, the Fair Work Commission introduced 2 weeks of paid pandemic leave for employees in the Aged Care industry covered by the Aged Care Award 2010, Nurses Award 2010 and the Health Professionals and Support Services Award 2020. The temporary changes provide employees in the aged care industry (including regular and systematic casuals) with up to 2 weeks’ paid pandemic leave on each occasion they are prevented from working because of reasons outlined in the Award, including where the employee is required by government or medical authorities to self-isolate or quarantine. The Award rules provide that employees can’t take paid pandemic leave they are entitled to take paid sick or carer’s leave for that situation or are...

JobKeeper 2.0 Amendment passes Federal Parliament

JobKeeper 2.0 Amendment passes Federal Parliament

September 8, 2020

On Tuesday 1 September 2020, the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 (the Bill) passed the Federal Parliament. The Bill extends the JobKeeper payment scheme and the temporary JobKeeper provisions of the Fair Work Act (Cth) 2009 (FW Act), until 28 March 2021, in a revised form. The Bill creates two broad categories of employers who can access particular flexibilities under the FW Act in certain circumstances from 28 September 2020: i. Employers who are eligible for JobKeeper payments after 28 September 2020 (Qualifying Employers); and ii. Employers who did receive one or more JobKeeper payments in the period prior to 28 September 2020, but no longer qualify for payment after 28 September 2020 (Legacy Employers). Qualifying employers To be eligible for JobKeeper 2.0, businesses will need to demonstrate that they have experienced the following decline in turnover: • 30% or more (in the relevant quarter) for businesses with an aggregated turnover of less than $1 billion. • 50% or more for (in the relevant quarter) for businesses with an aggregated turnover of more than $1 billion. There will be two periods during which an...

The future of casual overtime

The future of casual overtime

August 31, 2020

By Ceri Hohner, Associate at FCB Workplace Law  In the midst of the 2020 Modern Award updates and applications for Award changes to cater for challenges posed by COVID-19, employers will be faced with a further round of changes to our Modern Awards as the result of a decision made on 18 August by the Full Bench of the Fair Work Commission (Commission) which determined casual overtime entitlements under nearly 100 Awards. As part of its consideration of the ‘common issue’ of overtime for casual employees, the Commission has been identifying and attempting to resolve potential ambiguities in a number of Modern Awards relating to casual overtime. Employers may have noticed that while most of the new 2020 Modern Awards now include helpful hourly rates guides in their schedules, some were missing rates for casual employees when working overtime. This is because the calculation of those rates was still under discussion and debate as a result of this decision. We have extracted the outcomes of 16 of some of the most commonly used Modern Awards from this decision below: Health Professionals and Support Services Award 2020 (HPSS Award) Following industry debate about the...