Shane Koelmeyer's Blog – June 2016 Archive (6)

I Promised You a Miracle! – The Fair Work Ombudsman and Enforceable Undertakings

The Fair Work Ombudsman (FWO) continues to successfully prosecute and investigate businesses that exploit workers from overseas.

In a recent investigation of a Perth restaurant, the FWO found that two overseas workers had been underpaid by their employer to the tune of $13,822.  After admitting to a number of contraventions, the employer agreed to enter into an enforceable undertaking with the FWO to make good.

Enforceable undertakings permit the FWO to take legal action…

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Added by Shane Koelmeyer on June 29, 2016 at 10:00 — No Comments

You can leave your hat on (but take the union sticker off)

Recently in our blog article It’s my prerogative – Employer permitted to stop delegates wearing shirts with union logo we discussed managerial prerogative and the ability for management to direct employees not to wear shirts with a union logo on them in…

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Added by Shane Koelmeyer on June 29, 2016 at 9:30 — No Comments

It’s My Prerogative – Employer permitted to stop delegates wearing shirts with union logo

In a recent Fair Work Commission (FWC) decision in Alcoa of Australia Limited v AWU [2016] FWC 3582, the FWC looked at whether Alcoa was entitled to require all employees, including AWU delegates covered by the World Alumina Australia WA Operations AWU Enterprise Agreement 2014 (the EBA), and working on the Western Australia Mining site, to comply with the terms of the Western Australian Mining Dress Policy (the Policy). 

Alcoa applied to the FWC…

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Added by Shane Koelmeyer on June 16, 2016 at 15:20 — No Comments

A Policy of Truth - Why employers should carry out pre-employment checks

It is all too tempting to for job hunters to do: lie on a resume to secure THAT job. Employers may be left red faced however when their recent star recruit doesn’t actually have the qualification/s required or the previous experience as they claimed – and it is only discovered after they have accepted the job and commenced work.

This scenario is what eventuated at an Australian department store in 2014. It discovered that a new senior level employee had lied about his previous retail…

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Added by Shane Koelmeyer on June 16, 2016 at 14:57 — No Comments

I smell a rat - The new FWO anonymous tip-off service

The Fair Work Ombudsman (FWO) has announced a new anonymous tip-off service aimed at encouraging the general public to report businesses that they suspect are doing the wrong thing by employees.

The service is intended to provide a comfortable way for employees to report workplace issues without opening themselves up to repercussions from their employers. It also provides other parties with the opportunity to report non-compliant businesses in circumstances where they don’t wish to be…

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Added by Shane Koelmeyer on June 8, 2016 at 16:35 — No Comments

Putting the BOOT in – Coles Supermarkets

Duncan Hart v Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited T/A Coles and Bi-Lo;

The Australasian Meet Industry Employees Union v Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Limited T/A Coles and Bi Lo
[2016] FWCFB 2887

In our blog If the BOOT Doesn’t Fit earlier this year, we examined how the Fair Work Commission (the…

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Added by Shane Koelmeyer on June 8, 2016 at 16:00 — No Comments

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