NFP Employment Law

08/08/2022

"The Fair Work Ombudsman has announced that a record $532 million in unpaid wages and entitlements was recovered for more than 384,000 workers in 2021-22.

The recoveries sum was more than three times that of last year’s record and benefitted five times the number of workers across the nation."

Over the 12 months, 50 investigations were commenced in response to organisations that had self-reported but had under valued their liabilities. In addition, the federal workplace regulator filed a record 137 litigations, against employers who had allegedly breached workplace laws.

08/07/2022

Employer Some business operations are restricted under state or territory government public health directions. If you want to know what restrictions on business operations apply to your workplace, go to your state or territory government website. You can also go to our Public health directions and C...

08/07/2022

Employing staff? There are some important super changes now in motion 🚂

From 1 July:
✔️ the super guarantee rate increased to 10.5%
✔️ the $450 eligibility threshold was removed. This means you now need to pay super for all eligible employees – regardless of how much they earn.

For more info, visit www.ato.gov.au/business/super-for-employers/work-out-if-you-have-to-pay-super/

08/07/2022

From the first pay period on or after 1 July 2022, changes to minimum payments for part-time and some casual employees under the Social, Community, Home care & Disability Services Award take effect.

Several other changes also take effect in the award from 1 July, these include (but aren’t limited to) changes to:

• broken shift allowances
• damaged clothing allowances
• remote work rules.

Read more about the changes on our website: https://www.fairwork.gov.au/newsroom/news/1-july-2022-changes-social-community-home-care-and-disability-services-award

08/07/2022

National community health and aged services organisation Silver Chain Group Limited has back-paid staff in Western Australia more than $17 million and entered into an Enforceable Undertaking (EU) with the Fair Work Ombudsman. Silver Chain is also required to publish social media and website notices detailing its workplace law breaches, provide evidence of improvements made to its payroll and rostering systems and implement a staff education and training campaign.

08/07/2022

In a recent Federal Court decision, an employer was ordered to pay an employee around $2.8m compensation for damage caused when a new CEO instigated a campaign of bullying and harassment, allegedly to force her to resign after 25 years of service. The employee approached directors for assistance but they did not intervene, leaving the CEO to manage operational issues. The employee has been assessed as being unable to work again because of the damage caused.

08/07/2022

At the start of each financial year, fees and compensation limits are reviewed by the FWC. As of 1 July 2022 the application fee has increased to $77.80. The fee applies to dismissal, general protections, bullying and sexual harassment at work applications made under sections 365, 372, 394, 773 and 789FC of the Fair Work Act 2009. Also effective from 1 July 2022, the high income threshold in unfair dismissal cases has increased to $162,000 and the compensation limit is now $81,000 for dismissals occurring on or after 1 July 2022.

04/04/2022

The Fair Work Ombudsman regularly publishes updates about prosecutions in the Federal Circuit and Family Court, to ensure the community is aware of compliance obligations and possible outcomes. What is not obvious to readers is that the employers involved have not just received a small penalty, but have had to back pay the underpayments and associated superannuation, as well as their legal costs and lost time costs. The FWO has consistently demonstrated that employers who do not respond to compliance notices until legal proceedings are instigated, will face a hearing and the risk of penalty. It is always more cost efficient to respond quickly to compliance notices.

The Fair Work Ombudsman has secured a penalty in court against the operator of a kitchen installation and manufacturing business in Sydney.

23/12/2021

We wish all of our followers a peaceful and joyous festive season. We hope that 2022 brings success in your endeavours and a renewed sense of purpose. We will be here for you if you need advice or assistance with your workplace relations and WHS matters, please don't hesitate to call us.

15/12/2021

NFPs and charities are as 'at risk'of non-compliance as any other employer. The FWO has today reported on the Paraplegic & Quadriplegic Association of NSW (ParaQuad) underpaying 336 employees $762,682.09, inclusive of interest and superannuation, between July 2014 and November 2020 with some individual underpayments as much as $67,199. ParaQuad must pay for two independent audits in the next 12 months to verify compliance, and ensure staff responsible for workplace relations and payroll have the necessary training and experience. The organisation must also publish a notice about its breaches on its website. Don't cut corners with your employee entitlements. Check your awards and ensure you apply them completely. A small investment in proactive employment law advice can assist you to avoid costly mistakes and help you run your operation more effectively. NFP Lawyers can help you get it right. https://www.fairwork.gov.au/newsroom/media-releases/2021-media-releases/december-2021/20211215-paraquad-eu-media-release

09/12/2021

We have just kicked off our Not-for-Profit Governance Forum 2021 and are looking forward to hearing from our excellent line up of speakers.

We started with a Welcome to Country from Craig Madden, Gadigal/Bundjalung Man and Desmond Campbell, First Nations Practice Lead and Manager, Consulting, Social Ventures Australia.

This was followed by our opening address from Georgie Harman, Chief Executive Officer, Beyond Blue, chaired by Brett Thompson, Chief Executive Officer, Interaction Disability Services.

Georgie examined Beyond Blue’s response to the pandemic and how they are working to reinforce and rebuild the strength of communities.

PKF Sydney & Newcastle

07/12/2021

A recent report has identified that half of workers hide mental health conditions and that well-being initiatives are merely a box-ticking exercise, causing an estimated cost to workplaces up to $17 billion a year through absenteeism and presenteeism. Understanding WHS obligations and taking genuine steps to recruit well, engage staff effectively and ensure health and safety can save your organisation the costs of turnover and lost productivity.

Say wellbeing initiatives are merely a tick-boxing exercise.