Articles


Three quarters of ‘cheap eat’ establishments underpay their staff

Industrial Instruments

Are employers really concerned about correctly paying their staff? It appears many still aren’t. The Fair Work Ombudsman (FWO) discovered this when it conducted an audit swoop on popular ‘cheap eat’ establishments in Melbourne, Sydney, Perth and Adelaide. The FWO […]

By Portner Press on December 17th, 2019

Your questions answered: Do we have to pay employees for non-compulsory training outside of work hours?

Industrial Instruments

Q If we are running a training session which is not compulsory and an employee chooses to attend that training on a non-working day, are we obligated to pay the employee for the hours spent at the training? We operate […]

By Portner Press on December 13th, 2019

An EBA ballot doesn’t need to include employees who join during the voting period

Industrial Instruments

If you ask employees to vote on a proposed enterprise agreement you need to give them access to the proposed agreement for at least 7 clear days before the voting period. In the notice to employees about the voting period […]

By Charles Power on December 9th, 2019

Your questions answered: Is a Year 2 award rate paid after one or two years of service?

Modern Awards

Q In the Clerks – Private Sector Award, is the Year 2 hourly rate applicable after two years’ service or after one year service? A Clause 15.3 of the Clerks – Private Sector Award 2010 provides that “’year’ in respect […]

By Portner Press on December 4th, 2019

Qantas sign-on bonus alleged to be adverse action

Industrial Instruments

In 2018 Qantas offered a bonus ($2,500 for full-time employees and $2,000 for part time employees). One of the conditions for receiving the cash component of bonus was that new enterprise agreement was voted up and approved. This has had […]

By Charles Power on November 27th, 2019

Overworked professional employees – How do you comply with the Fair Work Act?

Industrial Instruments

Each week we read about another employer who has been allegedly not paying their employees for the hours they have worked. These cases are often not concerned with employers applying a pay rate that is less than the applicable award […]

By Charles Power on November 20th, 2019

Your questions answered: Must an employee have a protected attribute to request flexible work arrangements?

Industrial Instruments

Q An employee who does not have any protected attributes has requested to work fewer days, but the same number of hours. Is it reasonable to tell the employee that potential approval of working 5 days hours over 4 days […]

By Portner Press on November 20th, 2019

Your questions answered: Can we make an employee pay our insurance excess?

Industrial Instruments

Q One of our employees reversed into main entrance glass doors while parking his car. Our company had to pay $500 excess on the insurance claim. We’d like to claim that back from the employee by offering him a payment […]

By Portner Press on November 13th, 2019

Apprentice who refused weekend overtime was unfairly dismissed, FWC rules

Industrial Instruments

The Fair Work Commission (FWC) has ordered a small business employer to pay eight weeks’ wages to an apprentice it sacked, after finding he was unfairly dismissed for refusing to work overtime on a Sunday. Perfect Coat Painting believed that […]

By Portner Press on November 11th, 2019

I’ve rectified an underpayment to my employees. Do I need to tell the FWO?

Industrial Instruments

Each week a different employer is self-disclosing underpayments of wages to the Fair Work Ombudsman (FWO). In the face of recent adverse media publicity about award breaches and so-called ‘wage theft’, non-complying employers perceive there is a positive in letting […]

By Charles Power on November 6th, 2019