HR Blogs

The Fair Work Ombudsman has secured a total of $5,146,100 in court penalties after Blue Sky Kids Land, a kids clothing retailer operating in New South Wales and ACT was found to have exploited four Chinese migrants and hindering or obstructing Fair Work Inspectors.

In December 2022, WorkSafe Victoria received an anonymous phone call in relation to a transport and logistics company called Tasmanian Freight
Services Pty Ltd.

In January 2022, two labour-hire fruit pickers at Cutri Fruit Pty Ltd's fruit orchard in Woorinen South fell off the rear of two trailers being towed by a tractor as it turned a corner on a public street between areas of the farm.

From 1 January 2025, intentionally underpaying an employee’s wages or entitlements can be a criminal offence. The Fair Work Ombudsman can investigate suspected criminal underpayment offences and refer suitable matters for criminal prosecution.

From 1 January 2025, intentionally underpaying an employee’s wages or entitlements can be a criminal offence.

In July 2021 a serious incident occurred at the National Steel Workplace Pty Ltd in WA whereby a teenage apprentice suffered severe burns whilst undertaking welding tasks without wearing appropriate fire-retardant clothing and without close supervision.

From January 2025, new pay rates will be introduced to 37 modern awards and new rules about how long employees can stay at the lowest classification level in modern awards will be introduced.

A worker had been employed as a security officer for nearly eight years. He primarily worked at a hospital when in February 2024, an incident occurred between the worker and a patient in the mental health ward.

As we approach summer and temperatures start to rise, it’s worthwhile revisiting some of the key aspects of Heat and Employers duties under WHS legislation to manage risk.

We all enjoy the end of year celebrations but as an employer it is imperative to safeguard your business and the team by setting and maintaining behaviour standards whilst role modelling responsible leadership and professional management.

The Australian courts are now issuing far more significant fines in relation to dealing with safety prosecutions. The courts are “maturing”, and safety regulators have increased prosecutions of individuals around breaches involving mobile plant.

Recently, a company in WA terminated an employee’s employment after the employee accused a co-worker of sucking up to the boss, using sexually explicit language and making accompanying offensive hand gestures.

A recent Court decision around a probationary period has led to discussions on what is the best approach when dealing with a termination of employment in or near the end of a probation period.

Earlier this year sole trader Jason Stitt was found guilty of breaching the NSW Work Health and Safety Act 2011 by exposing workers to the risk of falling and dying while undertaking scaffolding work at a Point Piper residential property.

As part of the Fair Work ‘Closing Loopholes’ reform, the definition of a casual employee was updated.

A shutdown is when a business temporarily closes, most commonly around Christmas and New Year. Information about shutdowns can be found in Modern Awards and registered agreements.

A constructive dismissal occurs when a person has resigned from their employment but was forced to do so due to the actions of the employer. In other words, the employee felt they had no choice than to resign.

A worker was hospitalised with salmonella poisoning while employed as a casual kitchen hand at Central Cafe in Gungahlin in the ACT in February 2017.

Both Fair Work Australia and the Australian Taxation Office (ATO) have indicators to determine which workers are employees or contractors. Some of the indicators overlap and some are different.

Starting on or after the 5 July 2024, the Fair Work Commission made the following changes to the General Retail Industry Awards 2020.

A baby and children’s retail outlet in Victoria, Baby & Kids Pty Ltd, has been investigated by the Fair Work Ombudsman after receiving a request for assistance from a worker.

Big Bell Gold Operations Pty Ltd in WA was recently sentenced for failing to provide and maintain a safe working environment at its Bluebird gold processing plant in February 2020.

In the current financial year, Victorian businesses were faced with an unprecedented hike in their workers compensation policy premiums.

Penalty rates are higher pay rates that employees need to be paid for working particular hours or days and are dictated within Modern Awards. Employees may be entitled to a penalty rate when working.

As we have previously advised, on 1 July 2024 rates of pay were increased following the Fair Work Commission’s Annual Wage Review.