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Poorly trained worker wins $460k compensation
5th December, 2008
A Queensland casino security officer who received inadequate training on how to eject unruly patrons has been awarded nearly $460,000 for a back injury. In November 2003, Justice Keiran...
Zinifex fined $15,000 over duress
3rd December, 2008
Zinifex Australia Ltd has been fined $15,000 in the Federal Court for pressuring four workers to sign an Australian Workplace Agreement (AWA). Justice Peter Heerey imposed the fine after...
Court rules on wages withheld during industrial action
1st December, 2008
The Federal Court has ruled that 35 Melbourne manufacturing workers who had a week’s wages withheld after participating in an overtime ban during an industrial dispute should be back-paid. Justice...
Corporate independent contractors can make unfair contract claim
28th November, 2008
The Federal Magistrate Court has awarded $36,000 in damages to an independent contractor after its cotnract was terminated without notice, in one of the first decisions on whether a corporate...
Gold Coast workers get back-pay
26th November, 2008
A chain of take-away sushi outlets in Queensland has had to back-pay staff almost $80,000 after investigations by the Federal Workplace Ombudsman. The 71 emloyees are mostly students and...
Taste of Tasmania participants forewarned about wages
21st November, 2008
Participants in the upcoming Taste of Tasmania have been briefed by workplace inspectors to ensure all workers are properly paid. This follows the discovery that half the stall-holders...
Watchdog eyes Xmas pay packets
19th November, 2008
The national pay protector today released a new list of high-risk businesses it will target in the lead-up to Christmas to ensure workers are properly paid. The workplace watchdog's latest...
Worker loses compensation rights after accepting deed payment
17th November, 2008
A worker who accepted payment as part of a deed of release agreement with his employer had waived his compensation rights, a full bench of the NSW Court of Appeal has ruled, finding the payment...
Pay protector targets wine industry ahead of harvest
14th November, 2008
Western Australia's premier wine-producing regions are the latest target of the Federal Workplace Ombudsman. It has put 200 wineries and vineyard contractors on notice that they will be...
Heavy fines for host employer and site supervisor over fall death
12th November, 2008
A Victorian construction company that failed to act on an on-hired worker's safety concerns has been fined $250,000 in the County Court after the worker fell from an unprotected void, and died. The...
Big fine for company that sacked union delegate after AWA strike
10th November, 2008
A stationery company that unlawfully sacked its NUW delegate after a bitter strike at the height of pre-election debate over Work Choices has been ordered by the Federal Court to pay $12,000 in...
Regulator stands up in court for workers’ rights
5th November, 2008
The national pay protector will take a legal stand on behalf of a group of La Trobe Valley workers dismissed after failing to sign Australian Workplace Agreements (AWAs).   Federal Workplace...
$30,000 fine for Donut King franchisee who deliberately underpaid disempowered employees
3rd November, 2008
The Federal Magistrates Court has ordered the operator of a Donut King outlet to pay $30,000 in penalties for deliberately underpaying ten casual employees, most of them under-21, by $9,000. The...
Court fines Qantas $5,000, says agreement breach understandable
31st October, 2008
The Federal Magistrates Court has fined Qantas $5,000 out of a possible $33,000 and ordered it pay one of its pilots $6,094 plus interest for three breaches of its long-haul flight crew certified...
Security workers get $156k backpay
29th October, 2008
Nightclub bouncers and guards at banks and shopping centres are among 280 Queensland security workers to be back-paid more than $156,000. The underpayments were identified when the federal...
Regulator stands up in court for workers rights
27th October, 2008
The national pay protector will take a legal stand on behalf of a group of La Trobe Valley workers dismissed after failing to sign Australian Workplace Agreements (AWAs). Federal Workplace...
Junior car washers were never paid, so watchdog seeks court action
24th October, 2008
A teenager who was employed to wash, clean and detail cars for more than a month has still not been paid for more than two years later, according to court documents. It's alleged the then...
No transmission of business in outsourcing, Federal Court finds
22nd October, 2008
A former electricity meter reader has had his claim for underpayment rejected after the Federal Court ruled there was no transmission of business between his employer and the utility that outsourced...
Federal Court orders rehearing of penalties, fines fast food outlet $45,000
20th October, 2008
A full bench of the Federal Court has allowed an appeal by a motel penalised $19,000 for underpaying an employee it made redundant, while a Darwin company that refused to back pay three teenage fast...
Company refuses to back-pay worker $10,000, so court orders director to foot the bill
17th October, 2008
The sole director of a company who left Australia after his business collapsed owing one of its workers more than $10,000 has been ordered to back-pay his former employee within 28 days. NSW...
Just $9650 for 18 months restaurant work, so the boss faces court
15th October, 2008
A restaurant owner who paid a full-time employee just $9650 for 18 months work will face the Melbourne Magistrate's Court. The federal Workplace Ombudsman has commenced legal proceedings...
Multi-business agreements must involve more than one employer: AIRC
13th October, 2008
An AIRC full bench has upheld a union application for a protected action ballot covering employees across several business units within a single company, in a decision that clarifies the rules...
When you must conveniently belong
10th October, 2008
In addressing the question about whether unions are still relevant one must also ask two further questions. To whom are they, or were they ever, relevant; and is it possible to discuss relevance...
737 Queensland club workers get $106,000 back-pay
8th October, 2008
A total of 737 Queenslanders working in clubs are being reimbursed more than $106,000 after random audits found they were being underpaid. Federal Workplace Ombudsman inspectors have been...
Pubs in spotlight as campaign targets hospitality sector
6th October, 2008
Hotels throughout Australia will be randomly audited to ensure workers are being properly paid. Restaurants, taverns, bars and clubs will also come under scrutiny, along with some...
Corporate independent contractors can make unfair contract claim
3rd October, 2008
The Federal Magistrates Court has awarded $36,000 in damages to an independent contractor after its contract was terminated without notice, in one of the first decisions on whether a corporate...
National heavy vehicle fatigue laws now in force
1st October, 2008
New safety laws aimed at keeping truck and bus drivers from driving while fatigued are now in effect in NSW, Victoria, SA and Queensland. The Heavy Vehicle Driver Fatigue Reforms were developed...
Are you aware of your legal obligations at social events?
29th September, 2008
Employers that entertain clients and employees at social events may be exposed to litigation, according to workplace relations lawyers, who warn employers to be aware of their legal obligations...
Matters pertaining will create confusion, says Stewart
26th September, 2008
The Federal Government's decision to retain the "matters pertaining" principles for agreement-making in its new IR systems is an "extremely unwelcome development" and contrary...
600 human services workers share $155,000 back-pay
24th September, 2008
About 600 workers will be reimbursed more than $155,000 after a national investigation into the human services industry found they were being underpaid. For the past four months, workplace...
Introduction of KPIs was reasonable management action
22nd September, 2008
An employer's introduction of key performance indicators to forestall the complacency of sales representatives was "reasonable management action taken in a reasonable way", the Industrial...
Next wave of IR changes to apply from July next year
19th September, 2008
The Federal Government's changes to the Work Choices bargaining rules and unfair dismissal laws will take effect from July 1 next year, ahead of the remaning reforms taking effect six months later,...
Common law hasnt been standing still, says Catanzariti
17th September, 2008
This week's NSW Court of Appeal ruling on employers' implied duty of good faith and fair dealing was one of the cases Clayton Utz partner Joe Catanzariti referred to when he told a Gold Coast...
Random audits for hundreds of small retail outlets
15th September, 2008
Workplace inspectors will randomly audit hundreds of trail outlets in major Victorian shopping centres. First in line today will be the Southland Shopping Centre at Cheltenham. The...
Know your workplace rights, overseas students urged
12th September, 2008
The Workplace Ombudsman fears the number of overseas students coming to Australia to study is creating a new group of vulnerable workers open to exploitation by unsrupulous employers. It...
Judge denounces employer after second fatality in three years
10th September, 2008
A papermaking business should be "denounced" for not paying more attention to safety in the wake of a serious OHS breach, a Victorian County Court judge has ruled after the death of...
New Queensland and NSW health and safety regulations take effect
8th September, 2008
The Queensland Workplace Health and Safety Regulation 2008 and the NSW Occupational Health and Safety Amendment (Application to Mining Workplaces and Coal Workplaces) Regulation 2008 both come...
McDermott inquiries complete
5th September, 2008
The Workplace Ombudsman has found no evidence to substantiate allegations that McDermott Industries (Australia) unlawfully underpaid foreign workers on a gas pipeline project in Australian waters...
In-house lawyers can now prosecute cases of underpayment
3rd September, 2008
The Workplace Ombudsman has gained approval to use in-house lawyers to litigate against employers accused of underpaying their staff. Attorney-General Robert McClelland has given the national...
Petrol station faces court action
1st September, 2008
A Tasmanian employer who allegedly told a casual staff member who queried her hourly rate of pay that it was "all they could afford to pay" will have to explain the underpayment in court. The...
Truck drivers contract found unfair, in first Independent Contractors Act ruling
29th August, 2008
In what is thought to be the first substantive judgment under the Independent Contractors Act, the Federal Magistrates Court has today found that it was unfair for a principal to require that...
John Holland Aviation Services
27th August, 2008
John Holland Aviation Services is set to continue its strong growth after taking some of the Virgin Blue heavy maintenance work from Air New Zealand's engineering unit. JHAS will today...
$40,000 payout for father told to choose between job and daughter
25th August, 2008
A timber worker told to chose between his job and his daughter has won an apology plus almost $40,000 compensation from his employer, after he was denied leave at short notice to take his sick...
Local council is not a constitutional corporation, Federal Court rules
22nd August, 2008
In a landmark decision for local government, the Federal Court has found that a Queensland council is not and cannot be a constitutional corporation, putting it out of reach of federal IR laws...
CFMEU seeks to head off Rios non-union strategy
20th August, 2008
Rio Tinto train drivers could disrupt deliveries of iron ore to ports for export from early next month, if they vote in support of pre-strike ballot being sought by the CFMEU's mining and energy...
Commission affirms firing of accident-prone worker as unfair
18th August, 2008
The NSW Industrial Relations Commission has dismissed an appeal made by a construction materials company against an order that it re-employ a worker responsible for three heavy vehicle crashes....
WO fails in FOA action against Tristar
15th August, 2008
The Federal Court has found car parts company Tristar acted lawfully when it failed to retrench its remaining employees, despite them performing almost no meaningful work, and has criticised unions...
$48,000 in fines for labour hire company for exploitation of Filipino nurses
13th August, 2008
A labour hire company has been fined $40,000 and its director $8,000 for failing to pay three Filipino nursing assistants more than $13,000 in wages, casual loadings, penalty rates and holiday...
Queensland workers win $23.60-a-week increase
11th August, 2008
Queensland's 150,000 workers on award wages have won a $23.60-a-week pay increase, which brings the state minimum weekly wage to $552. State IRC Vice President Di Linnane, Deputy President...
$9600 fine for hotel principles
11th August, 2008
The Federal Magistrates Court has ordered two principals of a Tasmanian hotel to pay $4,800 each for breaching the Workplace Relations Act by underpaying casuals - one by almost $10,000 - over...
No bully-boy tactics at the neogtiating table, warns watchdog
8th August, 2008
Australia's worker's rights watchdog says the "f" word has no place in workplace negotiations and won't tolerate bully-boy bosses. The national regulator says offensive and bullying...
Hoteliers fined for underpaying 31 staff
7th August, 2008
Two hotel operators investigated by the Workplace Ombudsman have been fined a total of $9600 for underpaying 31 of their staff more than $38,000 over a four-year period. Workplace Ombudsman...
Construction industry productivity up 10%, says ABCC; Report fundamentally flawed, says CFMEU
6th August, 2008
At a time when the building industry unions are stepping up their campaign to have the ABCC abolished, the construction industry watchdog has released a report that found its presence and powers,...
Lecturer fined $500 for failing to provide sufficient notice
4th August, 2008
In Australia's only known prosecution of an employee for failing to provide notice of resignation, a former Griffith University lecturer has been fined $500 by the Federal Magistrates Court -...
Roadside assistance company fined over staff underpayments
30th July, 2008
A Sydney-based roadside services operator has been fined $115,000 for underpaying three of its workers. The Chief Industrial Magistrate's Court of NSW imposed the penalty after the Workpalce...
Worst returns in 16 years as downturn hits superannuation returns
29th July, 2008
Tumbling share prices have caused the worst super fund investment losses in 16 years as funds dropped, on average, 6.4 per cent in a year. The global credit crisis has sent sharemarkets...
173 staff to get back-pay
28th July, 2008
A total of 173 staff working for a Sydney-based retailer will be reimbursed $247,000 after an investigation by the Workplace Ombudsman found they were being underpaid. Workplace inspectors...
Almost half of all serious claims are sprains and strains: ASCC
25th July, 2008
Sprains and strains of joints and adacent muscles account for almost half of all serious claims that result in absences of at least one or more weeks, according to the ASCC's special report on...
Telstra investigation complete
23rd July, 2008
The Workplace Ombudsman has completed its investigation into claims that thousands of Telstra workers were placed under duress to sign Australian Workplace Agreements. The investigation,...
Qantas and long-haul pilots reach accord
21st July, 2008
After 18 months of negotiations, Qantas's 1,600 international pilots have reached an in-principle five-year deal with Qantas under which the airline's standard 3% annual pay rise will be supplemented...
105 flower workers reimbursed
18th July, 2008
More than 100 workers at a wholesale flower company at Brisbane's northside will share $46,000 in back-pay following an investigation by the Workplace Ombudsman. Workplace inspectors found...
SA and Queensland cases still to go, as Tasmanian workers win $19 a week
16th July, 2008
SA Unions' claim for a $26-a-week minimum wage increase and the QCU's claim for $29 a week are the two wage cases still outstanding, after a full bench of the Tasmanian Industrial Commission agreed...
Big penalty for employers Dickensian unpaid work requirements
14th July, 2008
A retailer that strictly enforced a "Dickensian" policy requiring employees at two Tasmanian stores to work unpaid for 15 to 30 minutes before and after their shifts has been ordered...
Transport sector considered to be at high risk
11th July, 2008
Eleven Sunshine Coast truck drivers will share $34,458 in back-pay after an investigation into a local transport company. Workplace Ombudsman inspectors began auditing the company's books in February...
Editorial Comment - 2008 Decision Australian Fair Pay Commission
11th July, 2008
Editorial The Australia Fair Pay Commission (AFPC) is continuing in the same flawed tradition as it's predessessor the "The Australian Industrial Relations Commission."...
2008 decision - Australian Fair Pay Commission
9th July, 2008
In it's July 2008 general Wage-Setting Decision, the Commission has increased the standard Federal Minimum Wage (FMW) and all Australian Pay and Classification Sales (Pay Scales) by $21.66 per...
Company fined $100,000 for treatment of s457 visa workers
7th July, 2008
A Victorian packaging company has appealed against a court decision yesterday - which was welcomed by Immigration Minister Senator Chris Evans - in which it was fined $100,000 for its treatment...
Stronger enforcement needed to cut workplace discrimination: OECD
4th July, 2008
Bodies like the Human Rights and Equal Opportunity Commission (HREOC) Should be able to prosecute employers for workplace discrimination without the alleged victims pursuing the case, the OECD...
Injury on stairs outside work is not compensable
2nd July, 2008
In the first decision to clarify the meaning of 'place of work' in the amended Commonwealth OHS legislation, the Administration Appeals Tribunal has found a worker who injured herself on the stairs...
Random checks on book-keeping
1st July, 2008
Workplace inspectors will start randomly checking businesses throughout Queensland next month to ensure employers are maintaining proper records. Workplace Ombudsman Nicholas Wilson announced...
Franchisors Such as Bakers Delight Must Help Their Members Meet Workers Rights
27th June, 2008
Franchisors and franchise associations must assist their franchisees to be aware of and to meet their workers lawful rights and entitlements said Australia's Workplace Ombudsman Nicholas Wilson....
Blacklisting may cost $33,000
27th June, 2008
Unionists could face heavy fines if accusations of intimidation during the ongoing Qantas engineers dispute are proven. The Federal Workplace Ombudsman is investigating a "blacklist"...
$70,000 Recovered for 469 Fruit Pickers in Gatton Region
25th June, 2008
Casual workers employed as fruit pickers in Queensland's Gatton region have so far received $70,000 in back pay after an investigation by the federal Workplace Ombudsman uncovered significant...
Queensland security firm fined for death of shopping centre cleaner
25th June, 2008
The Maroochydore Industrial Magistrates Court in Queensland has fined a security firm $50,000 after a cleaner died in a shopping centre that the firm was supposed to be patrolling. KMB...
Spotlight on road transport industries
23rd June, 2008
Road transport industries have been identified by the Workplace Ombudsman as at 'high risk' of not complying with pay rates, shift work provisions & allowances, payslips & timesheets....
Top industries for compliance problems & Workplace Ombudsman
20th June, 2008
These are for claims received by the Workplace Ombudsman between March '06 & May '08
$120,000 fine for chocolate company
18th June, 2008
Australia's largest privately-owned confectionary manufacturer and retailer - Darrell Lea - has been fined $120,00 Friday 13th June in the Federal Magistrate's Court in Melbourne for breaches...
Work Life Balance Tips the Scales
13th June, 2008
Last month Priority Learning Link asked their readers "Which family-orientated policy at work would you most support?" The response was: Flexible start/end times - 65%Paid family...
Australian Workplace Ombudsman reveals almost half a million dollars recovered for workers across Qld
4th June, 2008
While you struggle against rising input costs, the Australian Workplace Ombudsman has revealed almost half a million dollars has been recovered for 2180 workers across Queensland with 646 employers...
Bottom Line Summary – When the PM says that AWAs are “dead and buried” you had better believe it!
26th March, 2008
For clients of Haycroft Workplace Solutions who are currently using Australian Workplace Agreements (AWAs) for new employees - there have been some changes that will be applicable to you.   What...
Wish you were here - how to prepare for your holiday temp
20th December, 2007
Have you prepared a 'fill in' before you go on holidays?
Update on changes to industrial relations legislation
7th December, 2007
"The Workplace Relations policy Labor announced before the election is the policy Labor will deliver in government". Hon Julia Gillard, Deputy Prime Minister and Minister for Employment,...
What you need to know right now about employing staff!! You have until Friday to act.
27th November, 2007
Effective December 1, 2007: Workplace Agreements (AWAs) lodged prior to December 1st will remain effective and may only be terminated in accordance with current rules. Changes that...
Latest blitz - is your business at risk?
2nd August, 2007
Fast food and juice bars are the latest target for the Workplace Ombudsman (previously known as Office of Workplace Services). More than 10,000 businesses across metropolitan, regional and rural...
Workplace Relations
30th July, 2007
Any employer subject to WorkChoices ie any corporation would have received a mailing from the Workplace Authority containing the Workplace Relations Fact Sheet . This fact sheet needs to...
Fighting for Small Business
4th July, 2007
Graeme Haycroft, Managing Director of Haycroft Workplace Solutions, has featured in many recent print media articles, fighting for Small Business since new legislation amendments. Please...
Are You Getting the Right Insurance for Your Business?
30th April, 2007
Insurance is one of those painful payments, but you wouldn't dream of leaving your business unprotected.  Imagine finding out that your premium was going to be substantially higher because...
The benefits of following our process
2nd April, 2007
Recently one of our clients contacted us, when they received a letter from The Office of Workplace Services regarding a claim that one of their ex-employees has submitted to them. The...
Why use Haycroft Workplace Solutions for your workplace agreements?
2nd April, 2007
An important strategy for improved profit performance of companies is improving productivity and performance of your human resources division. Strategy      Profit...
Your feedback on the impact of the 1st Minimum Wage Decision is requested.
2nd April, 2007
Please be advised that the Australian Fair Pay Commission has commenced a further Minimum Wage Review to be announced in mid-2007. This review will include consideration of the impact of the Commission's...
Fined $12000 for a $2000 underpayment
13th March, 2007
Employers at a factory in NSW have been fined $12,000 and repaid $2162.28 in underpaid wages entitlements for annual leave, overtime and payment in lieu of notice after an employee complained...
Tapping international skills markets
20th February, 2007
Do you find it difficult to source employees? Read about us in the QBR magazine article.    
The next target industry for Government audits: Cleaning Industry
20th February, 2007
Do you know someone with a cleaning business? The cleaning industry is in the line of fire for an audit of time and wages record keeping.  Since the start of this year the Office...
Do you have practical working arrangements without the protection of a Workplace Agreement?
15th February, 2007
A transport company in Victoria is facing the Federal Court for alleged underpayment of $96,664.76 over 5 years to a single employee. The Office of Workplace Services alleges that the Transport...
It is not too late yet!
6th February, 2007
Is your workplace compliant under Workplace Relations Regulations 2006? Avoid severe penalties! By the time an inspector is on site it's too late. The deadline for compliance...
OWS takes on the big players
6th February, 2007
The Office of Workplace Services has now initiated legal action against BP & a wholly owned subsidiary for allegedly pressuring 2 workers to sign workplace agreements during a transmission...
Are you an employer or responsible for payroll?
19th January, 2007
The range of business entities being prosecuted for underpayment of workers is increasing. Now we see plumbing, bricklaying, security, housing construction and reception centres facing legal action...
STOP PRESS!!! $64k IN PENALTIES!
18th January, 2007
If you felt the threat of the Office of Workplace Services was over-talked and wouldn't affect you then think again. A restaurant in Canberra has just received $64000 in penalties for...
The Office of Workplace Services has hit the ground running in 2007
11th January, 2007
OWS campaigns are running nationally, and also at state and regional levels. They generally target a particular industry or region and usually begin with the OWS writing to employers to advise...
OWS is focussing on young people
2nd January, 2007
The Office of Workplace Services are undertaking a pilot compliance and auditing campaign focussing on young people (aged 15-24) in the workplace. Their goal is to educate and inform employers...
Work Choices amendments (now effective)
2nd January, 2007
Redundancy entitlements: Preserved redundancy entitlements will bind a new employer on transmission of business.Redundancy provisions in Workplace Agreements will be preserved for a maximum...
Wage and Allowances from December 1, 2006
22nd December, 2006
The Commission announced an increase of $27.36 per week for minimum wage rates up to $700 per week and $22.04 per week for minimum wage rates $700 per week and above.This does not apply to employers...
Employer fined $5000 for underpayment of wages
15th December, 2006
The Magistrates Court of Victoria has, for the first time since WorkChoices came into effect, awarded penalties against an employer for breaches, investigated by the OWS, of the Workplace Relations...
OWS targeted compliance campaign in different industries in Qld
6th December, 2006
The Office of Workplace Services is planning a national education and targeted compliance campaign in the hospitality, retailers, accomodation and clothing (outworkers) industry in Qld. The National...
Be aware of The Office of Workplace Services & their audits!
4th December, 2006
The OWS has filed proceedings in the Federal Magistrates Court against a Canberra company, seeking penalties for underpayments of 50 workers over 16 months calculated at $19,709.16. The OWS Director...
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