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Modern Award, Enterprise Agreement and Fair Work Act compliance is now a serious issue for employers

The Fair Work Ombudsman (FWO) has significant powers, and funding, to prosecute employers for non-compliance.

Employers must take care when determining which modern award applies to their business or covers their employees, the correct classification for each employee and what is the minimum rates to pay each employee for the work performed.  Employers must take care to continue to monitor minimum rates if they elect to pay employees an all-in rate for all hours worked.

While recent Hight Court of Australia decisions might comfort employers that the Courts will not look beyond the words of a contract complete on its face to determine if a person is a contractor or employee, employers can still fall foul of the sham contracting provisions when requiring a prospective employee to be engaged as a contractor.   The FWO has powers to prosecute employers for breach of the sham contracting provision of the Act.

If you do receive a letter from the FWO regarding underpayment claims it is important to communicate with the FWO officer and not ignore their communication. It is important to investigate and ensure you have been award/agreement compliant.  We consider it is important to engage a lawyer early to assist with communications with the FWO and conduct an audit of award/agreement compliance, so as to avert a prosecution.

At Burke Mangan Lawyers we bring many years of experience and understanding of Award, Agreement and Fair Work Act compliance issues and dealing with the Fair Work Ombudsman.  We always recommend that employers conduct regular Award and Agreement audits. We protect the interests of employers and employees in relation to underpayment claims. We have a proven track record to obtain you the right outcome.

Connect with us today and take the first step towards your peace of mind.

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Unfair Dismissal

Unfair Dismissal

Unfair dismissal in Australia refers to the termination of employment that is considered harsh, unjust, or unreasonable, and is protected under the Fair Work Act.

General Workplace Protection Claims

General Workplace Protection Claims

In Australia this refers to the protection of employees against adverse actions, such as dismissal or discrimination, that are taken by their employer for exercising a workplace right or engaging in certain activities, as outlined in the Fair Work Act.

Bullying and Sexual Harassment

Bullying and Sexual Harassment

Bullying and harassment law is the body of law that deals with the prevention and punishment of bullying and harassment in the workplace and other settings.

Discrimination

Discrimination

Discrimination law is the body of law that prohibits discrimination on the basis of certain protected characteristics.

Restraints of Trade

Restraints of Trade

Restraints of trade law is the body of law that governs the enforceability of clauses in contracts that restrict an individual's ability to compete with their employer or former employer after the end of the employment relationship.

Breach of Contract and Misleading Conduct

Breach of Contract and Misleading Conduct

Breach of contract law is the body of law that governs the enforcement of contracts and the remedies available to parties who have been harmed by a breach of contract.

Award/Agreement Compliance

Award/Agreement Compliance

Award/agreement compliance law is the body of law that governs the compliance of employers with their legal obligations under awards and agreements.