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Representation & Compliance

Mapien Blog

Representation & Compliance

January 25, 2023

What to do when the union comes knocking…

Do you understand your role and obligations when the union knocks at your door? This article guides employers from an Industrial Law perspective to ensure a successful right of entry process.

January 12, 2023

Respect@Work | Four steps to prioritise in 2023

The Respect at Work Bill 2022 passed both Houses of Parliament in November. The legislation enacts several of the recommendations from 2020 Respect@Work Report. This article outlines the most significant amendments to the legislation & recommends four steps employers should prioritise in 2023.

December 14, 2022

Fair Work Act changes now in force

The amended Fair Work Act is now in operation, and whilst some changes will be phased in, there are a number of key changes that employers need to be immediately aware of.

December 5, 2022

Secure Jobs, Better Pay Bill passes Parliament

The Commonwealth Government has brought forward the passage of the Secure Jobs, Better Pay Bill after earlier obtaining cross-bench support. The amendments to the Fair Work Act will occur progressively and we will provide updates on what the key amendments will mean for your business in practical terms in the near future. Find out the key amendments that will occur after Royal Assent here:

December 1, 2022

Should employers have to pay for RAT testing before shifts?

What do employers need to consider if asking their employees to conduct RAT tests prior to starting their shift? The recent decision by Commissioner Simpson on (16 November 2022) may have significant implications for employers in the future when considering what constitutes an employee’s payable work time.

All 55 ‘Respect@Work Report’ recommendations accepted “wholly, in part, or in principle”

One of the first considerations of the "Womens' Taskforce" introduced to the Federal Cabinet earlier this year was the 55 recommendations from the “Respect@Work” Report, and today it has been announced that the Federal Government has accepted (wholly, in part or in principle) all 55 recommendations made in the Report.

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FWC Says Operational Reasons Not Sufficient to Justify Genuine Redundancy

Employers need to be mindful that any proposed redundancy requires strict compliance with the genuine redundancy requirements of the FW Act. Despite a reason for redundancy being due to operational requirements, a failure to comply with the consultation requirements of any applicable modern award or enterprise agreement and consider reasonable redeployment opportunities will invalidate the whole process.

ALERT: Everything you need to know about the Fair Work Amendment Bill 2021

Federal Parliament has passed the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 (often referred to as the Omnibus IR Bill) (‘the Bill’). The Bill outlined proposed changes to the Fair Work Act 2009 (Cth). Read more here & join us at our webinar on 30 March to find out what is included, what was removed and what action employers should take?

Choose to Challenge

Mapien are proud to be sponsoring the National Aboriginal & Torres Strait Islander Women’s Alliance (NATSIWA), IWD Breakfast event in Perth this year. We've also been fortunate to collaborate with one of the breakfast organisers, Christine Ross on a project in the past year! Christine is empowering Aboriginal women & forging change. Read her profile here!

ALERT | Is it time to review your annualised wage arrangements?

On the 1st of March 2020, the Fair Work Commission inserted a model clause relating to annualised wage arrangements into a number of Modern Awards. One year on, some Employers may be due to conduct an annual reconciliation of their annual wage arrangements against the entitlements provided by their relevant Modern Award. Even companies with sophisticated payroll systems and who are aware of compliance requirements, are susceptible to underpayment of wages. Is it time to review your annualised wage arrangements?

How is this still happening?

A normal Tuesday drive to work, listening to a funny segment on radio. Until it's no longer funny... Why is sexual harrassment still happening today? Why is it not reported? Is it a workplace issue or a societal one? From challenge comes change #choosetochallenge #IWD2021

January 28, 2021

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Are your casuals regular & systematic? If so, they may have unfair dismissal rights!

Employers need to mindful that the requirement for casual employment to be regular and systematic does not require a regular pattern of engagement in relation to the number of days each week, days of the week and duration of shifts. It is the engagement that must be regular and systematic, and not the hours worked pursuant to the engagement.

December 11, 2020

IR Reform: Redefining and Redesigning

The Morrison Government proposed the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (Cth) (the ‘Bill’) in parliament this week. The Bill comes after the Minister of Industrial Relations, Christian Porter, conducted a review into Australia’s industrial relations system, with discussions in working groups comprising business groups, unions, and the government.

October 20, 2020

Introducing the Mapien Radar

ANNOUNCEMENT: Our new psychometric assessment solution, The Mapien Radar, is scientifically designed to give you confidence in your hiring decisions by seeing the whole picture first and getting the best fit for your role.

October 19, 2020

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FWC says time fraud justifies dismissal

Many employers are giving greater attention to employees engaging in time fraud. In this case, the Fair Work Commission has upheld the dismissal of an employee who engaged in time fraud including associated private use of a work vehicle.

September 4, 2020

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Caution for Employers: Employee able to have cake & eat it too!

The Federal Court of Australia has issued a decision granting an employee redundancy pay after moving from full-time to part-time employment. Employers must obtain clear and unequivocal consent from an employee, prior to assuming that a redeployment opportunity suffices for the purpose of there not being an entitlement to redundancy pay.

August 24, 2020

Wage theft, we have not forgotten about you!

While the employment landscape has largely been focused on dealing with the challenges associated with COVID-19, State Governments have made it clear that wage theft has not gone unnoticed. Now more than ever, with criminal legislation being implemented, it is vital that employers get it right.

August 17, 2020

High Court overturns Mondelez personal leave decision

The High Court has handed down its much awaited decision in the ‘Mondelez Personal Leave test case.’ The decision clarifies the interpretation of the entitlement to personal leave under the Fair Work Act 2009 (Cth).

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