Industrial Relations Update Ben Waugh, Senior Lawyer SIAG
Today Brief update: 1. The Registered and Licensed Clubs Award 2010; 2. FWC and dismissals; 3. FWO activity? a) Sub-contractors and contractors b) Underpayments and non-compliance
The RLC Award (1) What is new(ish)? – 3% wage increase effective FFPPOA 1 July 2019; – significant amendments to the requirements of part-time employment, making more employer-friendly / flexible – casuals are entitled to OT after 12 hours on a shift or after 38 hours in a week
The RLC Award (2) What is new(ish)? – TOIL – an employee can request payment at OT at any time, and if untaken on termination of employment, must be paid at OT rate – Process for dealing with requests for flexible working arrangements – 5 days unpaid leave re family and domestic violence
The RLC Award (3) Not new.. – Cl 23.5 – obligation to provide superannuation during a period of workers compensation; – Cl 34.3 – for FT employees – entitled to receive a day’s extra pay or TOIL/AL day where RDO falls on a public holiday – this applies to Easter Sunday
Dismissals (1) Case 1 Kurt Wallace v AFS Security 24/7 Pty Ltd [2019] FWC 4292 (28 June 2019) Case 2 Van-Son Thai v Email Ventilation Pty Ltd [2019] FWC 4116 (27 June 2019)
Dismissals (2) Case 1 Kurt Wallace v AFS Security 24/7 Pty Ltd [2019] FWC 4292 (28 June 2019) Case 2 Van-Son Thai v Email Ventilation Pty Ltd [2019] FWC 4116 (27 June 2019)
Dismissals (3) Case 3 Bajada v Trend Windows and Doors Pty Limited [2018] FWC 5937 (21 September 2018)
Dismissals (4) • I am satisfied that the Respondent had and had promulgated a smoking policy that clearly identify the designated areas and designated times in which employees could smoke. I am further satisfied that the Applicant was aware of that policy and was made aware of the expectations that the Respondent had in relation to compliance with the policy. Notwithstanding, the Applicant often wilfully breached the policy. He had a stubborn non- acceptance of the policy. • It is often said that “smoking kills”, well on this occasion it killed Mr Bajada’s employment. And just as smoking is one of the largest causes of preventable death and illness in Australia, the devastating outcome for Mr Bajada was also preventable. All he had to do was comply with the policy. He could continue to smoke so long as he did it during identifiable breaks and in designated areas. He chose not to do so. In the face of the policy which was reasonable, clear and made known to the Applicant, his continuing breach of it provided a valid reason for the termination of his employment.
FWO • Accessorial liability – Last 5 years, FWO has been very active at capturing directors, accountants, HR that are involved in contraventions; – In similar period, FWO also looking at ‘supply chain’ – reaching up to those that engage contractors / sub-contractors to perform services eg trolley collection (Coles/Woolworths), also use of cleaners – We have had some calls about this – RISK – if the charge for services (cleaning, security) etc) is too low, then could amount to risk to the Company as an accessory to an underpayment matter • Cannot turn a ‘blind eye’ if it is known / ought to be known that the employees of a contractor are not getting paid minimum entitlements under the Award
FWO – Activity – 2017-2018 – 376,224 calls answered • 69% from employees – Early intervention • 20,538 disputes completed • $12,611,943 recovered for employees – Mediation • 5,125 disputes completed • $6.5 million recovered
Questions? Future questions: SIAG National Advice Line 03 9644 1400
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