In the media
7-Eleven partnership improves compliance
Major convenience and fuel outlets franchisor 7-Eleven
Stores Pty Ltd has made substantial improvements to its payroll and
time-recording systems as part of a three-year compliance
partnership with the Fair Work Ombudsman. Five years after the
revelations 7-Eleven was grossly underpaying its staff, the
convenience store chain has made at least $10 million worth of
improvements to ensure employees are paid correctly and understand
their rights (30 October 2020). More...
'Insecure' work fuelling wage theft claims as
another retailer faces class action
As Drakes Supermarkets becomes the latest retailer to face
a class action over underpayment allegations, think tank the
Australia Institute says a culture of "insecure" work is
driving claims against employers (28 October 2020). More...
Security company in court
The Fair Work Ombudsman has commenced legal action in the
Federal Circuit Court against the operators of a Victorian security
firm (28 October 2020). More...
Operators of Barry Cafe penalised
The Fair Work Ombudsman has secured a total of $232,545 in
penalties in Court against the company that operates 'Barry
Café', in the Melbourne suburb of Northcote, and two of
its directors after they deliberately underpaid 73 staff members
more than $180,000 (22 October 2020). More...
No super, no sick leave and after 18 years, university
teacher Stephen Baker has 'nothing to show'
The wage theft scandal that has engulfed the tertiary
sector this year is now moving to the Federal Court, with the
National Tertiary Education Union and four former staff pursuing
private university JMC Academy (16 October 2020). More...
ABCC alleges CFMMEU official engaged in threatening
behaviour at Morphettville Park Sports Club construction site
The Australian Building and Construction Commission has
commenced Federal Court proceedings against the CFMMEU and one of
its officials, Michael Jackson, alleging Mr Jackson acted in an
improper manner during construction of the Morphettville Park
Sports Club in Adelaide (15 October 2020). More...
Farmers vie to keep staff as 'tables turn'
putting backpackers in demand
From flexible work to recreation, farmers are finding
innovating ways to keep seasonal workers and backpackers on the
payroll for longer, as the estimated 26,000 staff shortage looms
(15 October 2020). More...
More than $123 million recovered for workers
The Fair Work Ombudsman's 2019-20 Annual Report
reveals a record sum of money recovered for underpaid workers
across the country during the past financial year (15 October
2020). More...
Online directory business in court
The Fair Work Ombudsman has commenced legal action in the
Federal Circuit Court against the operators of an online business
based in the Melbourne suburb of Cranbourne North (13 October
2020). More...
CFMMEU officials penalised $292,200 over Palmerston
Police Station intimidation
The Federal Court has penalised the CFMMEU and three of
its officials $292,200 for attempting to shut down construction at
the Palmerston Police Station site in May 2018 (02 October 2020).
More...
Chemist Warehouse partnership improves compliance
Major pharmacy franchise CW Retail Services Pty Ltd
(Chemist Warehouse) has back-paid employees and improved its
payroll practices following a three-year compliance partnership
with the Fair Work Ombudsman (02 October 2020). More...
Electrical services business in court
The Fair Work Ombudsman has commenced legal action in the
Federal Circuit Court against an electrical services business based
in Brisbane (01 October 2020). More...
Maritime union offers deal to end Port Botany wharf
industrial action before tribunal hearing
The maritime union is offering a peace deal to end its
industrial action at Sydney's Port Botany after the federal
government accused it of extortion. The deal is conditional on
Patrick Terminals agreeing to a 2.5 per cent pay rise for workers
when the parties go before the Fair Work Commission on Wednesday
for a conciliation hearing (30 September 2020). More...
Published reports articles, speeches
The future of jobs report 2020
This report maps the jobs and skills of the future,
tracking the pace of change. It aims to shed light on the
pandemic-related disruptions in 2020, contextualised within a
longer history of economic cycles and the expected outlook for
technology adoption, jobs and skill (20 October 2020). More...
Department of Jobs and Small Business: Monthly Leading
Indicator of Employment October 2020
The Monthly Leading Indicator of Employment (the
Indicator) has risen for the fourth consecutive month in October
2020 (after eight consecutive monthly falls). The Indicator's
rise this month-stemming from increases in the NAB Forward Orders
index, the Westpac-Melbourne Institute Leading Index of Activity
and Consumer Sentiment indices. More...
Employment falls by 30,000 people in September
ABS Labour Force, Australia (15 October 2020). More...
ABCC Industry Update - 15 October 2020 edition
For the October edition of Industry Update we take an
in-depth look into Right of Entry, featuring case studies and a
need to know guide. Also featured are our upcoming wages and
entitlement activities as well as recent court outcomes. More...
In practice and courts
FWC: 10 modern awards extensively varied
The modern awards will be varied in 3 tranches during
2020. The technical and drafting matters for 10 of the awards in
tranche 3 have been completed. The varied awards have been issued
and will commence operation on 13 November 2020 (07 October 2020).
To find out which awards have been varied, go to the Modern awards list on the
Commission's website. To see the decision relating to these
awards, click here.
FWC: 2 modern awards extensively varied
The modern awards will be varied in 3 tranches during
2020. The technical and drafting matters for the Educational
Services (Teachers) Award 2010 and the General Retail Industry
Award 2010 have been completed. The varied awards were published in
advance and commence operation on 1 October 2020 (01 October 2020).
More...
Fair Work Commission: 1.75 per cent increase to minimum
wages
Updated 1 November 2020 - This will apply to all award
wages. Increases to awards will start on 3 different dates for
different groups of awards. See
When will my award increase for details about when the new
minimum wages in your award start. Most employees are covered by an
award. If you're not sure which award applies, use Find my award. For anyone not covered by an
award or an agreement, the new National Minimum Wage is $753.80 per
week or $19.84 per hour. This applies from the first full pay
period starting on or after 1 July 2020. You can read the
detailed decision on the Fair Work Commission's
website here.
APH Senate Inquiry
The committee was originally to report to the Senate by
the last sitting day in June 2020. On 12 Febru
ary
2020, the Senate granted the committee an extension to report by 3
December 2020. On 15 June 2020, the Senate granted the committee a
further extension to report by the last sitting day in June 2021.
More...
Cases
Connelly v Bluescope Steel (AIS) Pty
Ltd (No.3) [2020] FCCA
2902
INDUSTRIAL LAW - Fair Work Act 2009 (Cth) -
Assessment and award of compensation payable to Applicant under
s.545 of the Fair Work Act 2009 (Cth) for Respondent's breach
of s.323 subsequent to the answers to the questions considered in
Benge & Anor v Bluescope Steel (AIS) Pty Ltd (No. 2) [2020]
FCCA 515 - consideration of the principle of mitigation of damages
- assessment of any pecuniary penalty and payment of pecuniary
penalty to the Applicant personally under s.546(3)(c) of the Fair
Work Act 2009 (Cth).
Fair Work Ombudsman v Joseph &
Anor [2020] FCCA
2910
INDUSTRIAL LAW - Fair Work Proceedings - Temporary
Business Entry (Class UC) Temporary Work (Skilled) (subclass 457)
visa - contravention of civil penalty provisions - wage theft - 20
per cent discount for early contrition - the Court imposes a total
pecuniary penalty on the first and second respondents - orders
made
Fair Work Act 2009 (Cth), s.718A(5); Fair Work Regulations 2009
(Cth).
Fair Work Ombudsman v Zurel Pty Ltd
& Anor [2020] FCCA
2884
INDUSTRIAL LAW - Application for civil penalty - penalty
hearing - failure to satisfy Compliance Notice under Fair Work Act
2009 (Cth) - agreement on penalty and necessary declarations -
appropriate penalty
Fair Work Act 2009 (Cth), ss.45, 535, 536, 539, 545, 546, 550, 557,
716
General Retail Industry Award 2010; Fair Work Regulations 2009
(Cth), reg.3.46.
Fair Work Ombudsman v Malevi Pty Ltd
& Ors [2020] FCCA
2875
INDUSTRIAL LAW - Admitted contraventions involving
underpayments, record keeping and adverse action in a café
business - declarations made on admissions - accessorial liability
- penalties - consent orders for education, audit and workplace
notice - adverse publicity - alleged fall in turnover due to
publicity - effect of the COVID-19 pandemic - claim there should be
no financial penalty because the respondents have "suffered
enough". Fair Work Act 2009, ss.45, 340, 535(1), 539, 546(2),
557
Fair Work Regulations 2009, regs.3.32, 3.33(1)(a), 3.33(1)(b),
3.33(2).
Fair Work Ombudsman v Corporation Sun
Pty Ltd & Anor [2020] FCCA
2849
INDUSTRIAL LAW - Penalty hearing - non-compliance with
compliance notice - factors for consideration - cooperation shown
following commencement of litigation - penalty in mid-high range
imposed
Crimes Act 1914 (Cth), s.4AA; Fair Work Act 2009 (Cth), ss.3, 45,
539, 545, 546, 550, 570, 712, 716.
Pattinson v Australian Building and
Construction Commissioner [2020] FCAFC
177
INDUSTRIAL LAW - civil penalties - agreed
contraventions - false or misleading statement about an obligation
to engage in "industrial activity" - determination of
appropriate penalty - principles relating to imposition of
pecuniary penalties - whether principle of proportionality, drawn
from criminal law, is applicable - discussion of principle of
proportionality as applied in criminal law - whether history of
contravening should inform the court's assessment of an
appropriate penalty in the instant case - whether imposition of
maximum penalties to serial recidivist justified - whether total
penalty manifestly excessive - whether cooperation can be treated
as a factor in mitigation warranting a discount on penalty where
unaccompanied by contrition
Fair Work Act 2009 (Cth) ss 347(a), 349(1), 363, 545, 546,
547
The appeal be allowed and the Notice of Contention be
dismissed.
Arundell & Ors v Macquarie Bank
Ltd [2020] FCCA
2720
INDUSTRIAL LAW - application for civil remedies -
whether or not applicants who executed deeds of release following
the cessation of their employment are precluded from being able to
pursue their claims - whether or not the applicants received
remuneration in satisfaction of an entitlement to minimum rates of
pay as contained in cl 13.1(a) of the Banking, Finance and
Insurance Award 2010 - whether or not the applicants received
remuneration in satisfaction of payment at the base rate of pay for
the ordinary hours of work in the periods of annual leave taken by
them, pursuant to s 90 of the Fair Work Act 2009 (Cth) - whether or
not the applicants received remuneration in satisfaction of an
entitlement to annual leave loading as contained in cl 24.3(a) the
Award - whether or not the applicants received remuneration in
satisfaction of an entitlement to annual leave loading on untaken
leave at termination as contained in cl 24.3(a) the Award - whether
or not applicants received remuneration in satisfaction of payment
at the base rate of pay for the ordinary hours of work in the
periods of personal/carer's leave taken by them, pursuant to s
99 of the Act - whether or not applicants received remuneration in
satisfaction of payment at the base rate of pay for the ordinary
hours of work in the periods of compassionate leave taken by them,
pursuant to s 106 of the Act - whether or not the applicants
received remuneration in satisfaction of payment at the base rate
of pay for the ordinary hours of work in the periods of public
holiday leave taken by them, pursuant to s 116 of the Act - whether
the respondent may set off payments made to the applicants -
whether certain applicants' claims released by deed of release
- respondent found to have made payment under cl 13(a) of the Award
- respondent found to be entitled to set-off salaries normal
payments in respect of cl 13(a) of the Award - releases found not
to be effective - contraventions of cl 24.3(a) of the Award and
National Employment Standards made out - overpayment to one
applicant found to be recoverable - declarations made -
compensation orders made
Fair Work Act 2009 (Cth), ss 4, 16, 44, 45, 90, 99, 106, 116, 545,
546, 547, 566, 570.
Australian Building and Construction
Commissioner v Menon [2020] FCA
1418
INDUSTRIAL LAW - admitted contraventions of s 500 of
the Fair Work Act 2009 (Cth) - determination of penalties -
proportionality and a previous record - whether contraventions
occurred in a single course of conduct - relevant considerations in
determining appropriate declarations and penalties
Building and Construction Industry (Improving Productivity) Act
2016 (Cth) ss 5, 6
Crimes Act 1914 (Cth) s 4AA
Fair Work Act 2009 (Cth) ss 500, 512, 546, 550, 557, 793
In Order 22, the amount "$30,000" has been amended to
"$40,000".
Roohizadegan v TechnologyOne Limited
(No 2) [2020] FCA
1407
INDUSTRIAL LAW - general protections - adverse action
contrary to Fair Work Act 2009 (Cth) s 340 - where Applicant's
employment terminated after he made seven complaints regarding
bullying - operation of statutory presumption in s 361(1) -
Respondents found not to have discharged onus of proving that
complaints, being exercises of the Applicant's workplace
rights, not a reason for termination of his employment - adverse
action established
INDUSTRIAL LAW - remedies - adverse action - pecuniary
penalties awarded and ordered to be paid to the Applicant pursuant
to Fair Work Act 2009 (Cth) s 546
INDUSTRIAL LAW - remedies - adverse action - where psychiatric
evidence established the Respondents' conduct had caused a
significant aggravation of the Applicant's pre-existing
depressive disorder, which had resulted in the Applicant losing
capacity to work - where psychiatric evidence also established a
poor prognosis for the Applicant ever again being able to work in
roles for which he would otherwise be qualified - compensation
awarded to Applicant pursuant to Fair Work Act 2009 (Cth) s 545 for
economic loss and as compensation analogous to general
damages
CONTRACTS - where Applicant alleged breach of contract of
employment by reason of non-payment of certain incentives due to
him since 2009 - where contract had been varied on several
occasions - consideration of Concut Pty Ltd v Worrell [2000] HCA
64; 176 ALR 693 - finding that neither textual nor contextual
considerations supported Respondents' preferred construction -
breach of contract established - damages awarded
Fair Work Act 2009 (Cth) ss 340, 341, 351, 360, 361, 539, 542, 545,
546.
Legislation
Commonwealth
Act Compilation
Fair Work Act 2009
14/10/2020 - Act No. 28 of 2009 as amended.
NSW
Bills introduced - 19 October 2020
Non-Government
NSW Jobs First Bill 2020
Queensland
Subordinate legislation as made
No 251 Proclamation-Criminal Code and Other
Legislation (Wage Theft) Amendment Act 2020 (commencing remaining
provisions) 06 October 2020.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.