The Fair Work Ombudsman

Janine recently hired an employee to manage the marketing and social media for her small business. One issue though: she didn’t know which award covered the role.  That’s where our free Employer Advisory Service (EAS) came in to help. Here’s how the process works, and how it can help your small business too. 

📣 Update: After auditing more than 50 taxpayers, we uncovered over $25 million in unpaid tax and super. Businesses caught out will be hit with significant penalties and interest. The Fair Work Ombudsman Australian Department of Home Affairs

Real talk: job ads that offer a pay rate below the legal minimum for the position are unlawful.  Whether you’re job hunting after recently graduating, looking for a casual job over summer, or you’re the one advertising the position - it's important to know the minimums.  Stay informed, stay vigilant, and report unlawful job ads here: https://lnkd.in/gGrApYh9 

You must not request or require an employee to work more than their maximum weekly hours, unless the additional hours are reasonable.  To determine whether additional hours are reasonable or unreasonable, there are a number of factors that must be considered, including things like:  - health and safety risks - their personal circumstances, like family responsibilities - the needs of the workplace - the usual patterns of work in the industry - whether they’ll receive overtime payments, penalty rates or other - compensation for working the extra hours - any notice given - any other relevant matters. Employees can refuse to work additional hours if they’re unreasonable. Our fact sheet has the full list of factors that must be considered and more information about how maximum weekly hours affect worker entitlements: https://lnkd.in/gb_REzZV 

Whether you can direct an employee to take annual leave will depend on the rules in their award or enterprise agreement.  These rules will usually say:  - how much notice must be given   - the direction must be reasonable and made in writing  - what options are available if there isn’t enough leave to cover the period, such as leave without pay, using time off in lieu or annual leave in advance.     If there are no rules provided in the award or enterprise agreement, then annual leave can only be taken by agreement.  If an employee isn’t covered by an award or agreement, you can only direct them to take annual leave if the direction is reasonable.  You can find more information about directions to take leave over the holiday period and what you might need to plan for here:  https://lnkd.in/gSzWvqrD

Keeping your own records of your work hours can help if you have a workplace issue. Our Record My Hours app makes it easy to record and store work hours for multiple jobs, plus other employment info like your pay slips. While we recommend keeping your own records, it doesn’t replace your employer’s record keeping obligations. They must keep a record of all your work hours including any overtime you work. Download our app to start recording your work hours: https://lnkd.in/ghdtwD3g

Well, not exactly! Making sure an employee’s final pay is correct is just as important as every other pay cycle. When preparing an employee’s final pay, it MUST include: -         wages owing for any hours they’ve worked (including penalty rates or allowances) -         any annual leave they’re owed (including annual leave loading if it would’ve been paid during their employment). It CAN include (depending on the circumstances): -         payment in lieu of notice -         redundancy pay -         accrued or pro rata long service leave. We’ve got more info about ending employment and final pay on our website, including some helpful ending employment templates: https://lnkd.in/gq7udtur

Fact: Most, but not all, workplaces are covered by the Fair Work Act. It applies to employers and employees who are covered by the national workplace relations system, known as the ‘Fair Work’ system. Some state government and local government employees and certain types of businesses are covered by the state system. The coverage info differs by state or territory, so it’s best to check which system you’re covered by here: https://lnkd.in/giVG9XEY If you’re covered by the state system, you’ll need to contact the relevant state body or your internal human resource team if you need help with your workplace rights and entitlements.

The Australian Government has introduced additional protections for employer funded paid parental leave. The Fair Work Act has been changed to prohibit an employer from refusing or cancelling employer funded paid parental leave for an employee because their child is stillborn or dies. This applies if both:  • the employee would have been entitled to the leave under their terms and conditions of employment if their child had not been stillborn or died • the leave is associated with the birth of an employee’s child, the child of an employee’s spouse or de facto partner, or the placement of a child with the employee for adoption. This protection applies where a child is stillborn or dies on or after 7 November 2025. An employer can only refuse or cancel the leave because of the stillbirth or death if an exception applies, or if the employee has requested the leave be cancelled. You can find more information about the new protections on our website: https://lnkd.in/gf5ZhjKs

Our free ‘Workplace sexual harassment’ module explains what workplace sexual harassment is, how it can impact those who experience and witness it, and what resources and supports are available. You can access the module on our Online Learning Portal: https://lnkd.in/gjpRGpCp #OnlineLearning #SexualHarassment #FairWorkCommission