Small Business Fair Dismissal Code

Small businesses have different rules for dismissal which are set out in the Small Business Fair Dismissal Code (the Code). A small business is any business with fewer than 15 employees calculated on a simple headcount of all employees who are employed on a regular and systematic basis. This includes any casuals employed on a regular and systematic basis. The Small Business Fair Dismissal Code provides protection for small business employers against unfair dismissal claims, where an employer follows the …

Employment law and franchises

Taking on a franchise has loads of benefits for starting your first business. Don’t know how to market your product? The franchisor does. How do you compete with multinationals? Franchises act like a cooperative in this regard. But how do you legally hire and fire your team (plus everything else in-between)? Well, from an employment perspective, this is where you do need to understand that you’re still an employer in your own right…albeit franchisors now stand to bear some of …

3 (employment) things you need to know before selecting your company structure

In your business’s lifetime, there may come a point you think about changing your business structure. If you’re thinking of becoming a Pty Ltd entity, or making any change that changes which systems of industrial relations apply to your business, there are some things to considering at the planning stage 1) There are two industrial relations systems that apply in Australia The national system – managed by the Fair Work Ombudsman – covers Proprietary Limited companies – that is, Pty …

Casual conversion fair work

Casual right to become permanent

***** Important Note***** As at 1st October 2018, the Fair Work Commission have approved the Model Clause relating to casual conversion rights and obligations for award-covered employees. These changes take affect across the remaining industries not already covered by these provisions. Read our updated article HERE. **************************   For those of us who love staying on top of the latest HR news, it has been hard to miss the major changes that the Fair Work Commission announced following their 4-year …

An HR basic which could save your business money

Did you know… there are two systems of workplace laws in Australia and using the right one could save you money and headaches? Generally speaking, if a business is set up as a “Proprietary Limited company” – that is, as a Pty Ltd entity which hasn’t offered shares to the general public – then staff fall under the national employment system. This is managed by the Fair Work Ombudsman (www.fwo.gov.au). But if a business is set up as a sole …

Business networking in Perth – our experiences

By Clare Mullen RAW Human Resources has officially been in business since March 2016. But like many businesses with just one staff member, Rob spent the first 18 months or so focused primarily on delivering services. When I joined the business late 2017, it was an opportunity to look at new ways of connecting with other businesses. Since then we’ve learned a lot about the business networking scene in Perth… Getting help with the people issues in your business can …

Have you updated your overtime and shift rates yet?

The Fair Work Commission (FWC) regularly publishes updates to aspects of National System workplace laws. In case you missed it, in December 2017, the FWC published its final decision relating to the treatment of overtime rates and other entitlements in some modern awards. These changes centred on part time and casual employees and took effect from the first full pay cycle commencing on or after 1st January this year. Broadly speaking, the changes introduced overtime rates for casual employees in …

Domestic Violence Leave is on its way

Domestic violence can have catastrophic effects on families and often goes well beyond this to affect both the general community and employers (and fellow employees). Although it can affect both genders, it disproportionately affects women. In their 4 yearly review of modern award– Family and Domestic Violence Summary of Decision , the Fair Work Commission (FWC) cites that family and domestic violence is the leading contributor to death, disability and ill-health among Australian women aged between 15 and 44. It …

They won’t audit my staff records – will they?

This article is written for national system employers – if you’re not sure which system your business falls under, send us an email and we’ll help you with this. Have you ever wondered what really happens when you find yourself on the end of a Fair Work Ombudsman audit of your compliance with workplace laws? If you’re naughty – or even if you’re just not compliant because you’re uninformed – the likely answer is an infringement of some kind. But what are …

Job growth – is your industry in here?

Well it’s official (sort of). Seek.com has recently released data (March 2018) from the last 12 months confirming the industries that topped their list of job ad growth. It’s perhaps not surprising to everyone West of the border that mining is leading the charge in Australia. The other industries showing job ad growth (images from SEEK.com article and from left to right in order of most growth) are:   The Australian Government Department of Jobs and Small Business Labour Market …