The Fair Work Ombudsman

The underpayments were discovered following our investigations of 32 food businesses, mostly “cheap eats” venues in Bentleigh, Bentleigh East, Carnegie, Glen Huntly, Caulfield, Caulfield East, Elsternwick and Clayton. We found 26 businesses (81 per cent) had breached workplace laws. The businesses were targeted based on intelligence gathered from a range of sources, including anonymous reports. The highest amount recovered from one of the Melbourne businesses was $13,071 for four casual fast food workers who were paid flat rates below the award minimum for all hours worked. “The high rate of breaches of workplace laws in south-east Melbourne’s fast food, restaurants and cafés sector is disappointing, and consistent with our findings in the sector nationwide. Employers must follow all wage laws, including paying minimum wages, which have recently increased. Those doing the wrong thing are being found out and held to account.” Fair Work Ombudsman Anna Booth said. Read the full story here: https://lnkd.in/gY6B3HWF

The Fair Work Commission (a different agency to us) is seeking info about workplace non-compliance by the Construction, Forestry and Maritime Employees Union (CFMEU). If you have knowledge of workplace non-compliance or misconduct by CFMEU officials or representatives, you can make a report by completing the Commission’s online form or giving them a call: https://lnkd.in/gjiWVyYf

We’ve secured $197,000 in court-ordered penalties against a Sydney health and wellness research company for contraventions including sham contracting involving workers with disability. The company breached the Fair Work Act after it terminated or threatened to terminate three workers’ employment in order to re-engage them as independent contractors to perform substantially the same work. The company also misrepresented to the workers that they were or would be engaged as independent contractors, when in fact they continued to be employees. Fair Work Ombudsman Anna Booth said the substantial penalties send a clear message that sham contracting is serious conduct that will not be tolerated in Australian workplaces. “We treat sham contracting particularly seriously. We will pursue any employer who thinks they can take advantage of the power imbalance they have over workers, including those with disabilities as in this matter, some of whom felt that they had no alternative but to accept a sham contract or be jobless,” Ms Booth said. Read the full story here: https://lnkd.in/gaRqUPpc

Next up in our know your bare minimums series...the Aged Care Award! The Aged Care Award covers employers and employees who work in the aged care industry. This means they provide accommodation and care services for aged persons in: ·      hostels ·      nursing homes ·      aged care independent living units ·      aged care services apartments ·      garden settlements ·      retirement villages ·      any other residential accommodation facility. Examples of employees covered by the award include direct care employees, such as personal care workers, and general employees, such as cleaners, laundry hands, receptionists and grounds maintenance staff like a handyman or gardener. Award minimum wages increased from 1 July. Check the new minimum rates with our Pay Calculator: https://lnkd.in/gMsRaz4

We have published information resources to help workers and businesses understand our new functions relating to minimum standards for regulated workers. The new functions will start on 26 August 2024 or a date to be proclaimed. ‘Regulated workers’ are employee-like workers performing digital platform work and regulated road transport contractors. Access the new information resources and subscribe to receive updates on our website: https://lnkd.in/gkEaw6Tf #regulatedworkers #closingloopholes #FairWorkCommission

Do you engage independent contractors, casual employees or need to contact staff outside normal hours? A number of changes are taking effect on 26 August that you need to be aware of. These include: ·        new definitions of ‘employee’ and ‘employer’ ·        changes to casual employment and conversion ·        a new right to disconnect (this change takes effect for small businesses on 26 August 2025) ·        new minimum standards and protections for ‘employee like workers’ in the gig economy and contractors in the road transport industry (regulated workers) ·        additional rights for workplace delegates who are regulated workers. Make sure you’re prepared by visiting: https://lnkd.in/g_jUvmFu  

Managing employees who aren’t doing their job properly can be difficult. Our step-by-step guide helps you to approach the situation in a fair and considered way.

We always love to check out a well-maintained record collection!

We have published an Implementation Report about incoming functions relating to the right to disconnect. The new functions will start on 26 August 2024, and on 26 August 2025 for small business. Interested parties are invited to provide feedback on the report by 5pm (AEST) Friday 2 August 2024.  To read the Implementation Report and to find out more, visit: https://lnkd.in/eyju9Vp7 #righttodisconnect #closingloopholes #FairWorkCommission

Annualised wages and annual salaries aren’t the same thing, but a common thread is the amount can’t be less than the minimum entitlements an employee would otherwise receive if they were paid the relevant award or enterprise agreement rates. An annualised wage arrangement is a term in some awards and enterprise agreements that can be used to pay an employee more than their minimum hourly base rate to cover other entitlements like penalty rates or annual leave loading. There can also be specific rules about how they’re implemented, such as how much more the amount must be compared to the minimum hourly rates and requirements for record-keeping and reconciliation. An employment contract may set out an annual salary. This type of agreement is different to an annualised wage under an award. We’ve got more info about annualised wages in common awards here: https://lnkd.in/gUjFEkJU