Workclaims Australia in Joondalup | Business consultant

Workclaims Australia

Locality: Joondalup

Phone: +61 8 9301 0850

Address: 16/87 McLarty Ave 6027 Joondalup, WA, Australia

Website: http://www.workclaimsaustralia.com

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25.01.2022 **JOBKEEPER ENABLING DIRECTIONS** Direction to reduce hours or days of work JobKeeper enabling stand down directions An enabling stand down direction is when a qualifying employer directs an employee to work less hours or days (including none at all);... if the employee can't be usefully employed for their usual days or hours because of changes to business due to the coronavirus pandemic, or because of government initiatives to slow the transmission of the coronavirus (for example, because of an enforceable government direction). JobKeeper enabling stand down directions must be in writing and employers must consult with the employee or their representative at least 3 days before implementing the direction. JobKeeper enabling stand down directions dont apply when an employee is taking paid or unpaid leave. If the employee usually receives a leave payment less than the JobKeeper fortnightly payment, they are entitled to the higher amount of $1500 (before tax). The usual leave entitlements are still accrued while employees are under the enabling stand down direction.

24.01.2022 #FairworkFriday The State Government of Western Australia today released the findings and report of its enquiry into wage theft in the State. There will be strengthened activities in the recovery of entitlements for workers and employers who have not kept the records required under the law will carry the onus of disproving a claim made against it. : See Section 557C of the Fair Work Act 2009. #fairwork #workclaims

24.01.2022 #FairworkFriday An employer who fails to comply with a recording keeping provision of the law ,will carry the onus of disproving an employees claim for unpaid entitlements. See Section 577C of The Fair Work Act 2009. #fairwork #workclaims

23.01.2022 #FairworkFriday Being a casual employee does not mean that unfair dismissal rights are denied. If the engagement of the casual is on a regular and systemic basis then that employment counts in determining if the employee has served the minimum employment period : See s384(2)(a) of the Fair Work Act 2009. #fairwork #workclaims #jobs #Employment

23.01.2022 Did you see the news over the weekend? Workclaims Australia are experts in recovering underpaid entitlements. #fairwork #workclaims

22.01.2022 #FairworkFriday The FOURTH STANDARD (of the National Employment Standards that we have been sharing with you over the last few weeks ) is that employees are entitled to ANNUAL LEAVE of 4 weeks ,increased to 5 weeks for certain shift workers See Section 87 of Fair Work Act 2009. #fairwork #workclaims

22.01.2022 #FairworkFriday In attempting to terminate due to a redundancy during the COVID-19 pandemic, if the employer had consulted the employee he or she will be advised to institute a dispute under the Fair Work Act 2009 and seek an order from the Fair Work Commission pending the outcome of the Job Keeper scheme. The employer is expected to comply with the Coronavirus Economic Response Package Omnibus (Measures No 2) Act 2020. See Section 789GDC of the Fair Work Act 2009 #fairwork #workclaims #covid #quarantine

21.01.2022 The COVID-19 Pandemic has affected the majority of Australian workplaces and there is constant media and news updates regarding Jobkeeper payments, employee entitlements and business close downs, unfortunately it's not always an accurate source of information. Naturally its also a common topic of conversation amongst households, friends and colleagues as many people are worried, stressed and uncertain during this difficult time, but people are still left with unanswered ...questions. Whilst it is expected that employers provide the right information and support to their workers, it doesn't always happen and many individuals may not be aware if they have been treated fairly. Workclaims Australia can provide you with the correct facts, professional advice and representation on workplace matters, disputes and unfair dismissal. #fairwork #employment #jobkeeper #covid-19

21.01.2022 *FINGERPRINT CASE BACK AGAIN** It is much stated that re-instatement to your old position is the primary remedy in the Fair Work Commission. This is so because if the employee is unfairly dismissed then but for that event he or she would have their employment. Re-instatement is particularly relevant as unemployment soars due to the COVID-19 pandemic. A Full Bench of the Fair Work Commission today decided that an employee had not been given a fair hearing by a single Commissio...ner on the question of re-instatement and has upheld an appeal from the decision and will determine the matter for itself. In a long running case Jeremy Lee first applied for an unfair dismissal remedy when he refused to give his fingerprints as a method of recording his entry to the business premises. He was dismissed for failing to obey a lawful direction. A Full bench later found that it was not a lawful direction as the employer had not complied with the Privacy Act. Finally seeking re-instatement Jeremy Lee is once more back in the Full Bench with his hopes still alive. For more reading see: Jeremy Lee v Superior Woods Pty Ltd [2020] #fairwork #workclaims #covid #covid19 FWCFB 1301

20.01.2022 Are you a real estate sales representative working on a commission-only basis? This year youre probably starting to worry if youll be able to keep going on the same rate you are now - contact Workclaims Australia and we can help you. #realestate #employment #commission

20.01.2022 DID YOU KNOW? The Fair Work Commission will protect an employees privacy under the Privacy Act. The Full Bench recently held that an employer who dismissed a worker because he refused to sign in by fingerprint was entitled to do so because the company did not have an appropriate Policy in place to protect his data. This was a requirement of the Privacy Act 1988. The employee was entitled to refuse the direction as it was unlawful. See Lee v Superior Wood Pty Ltd [2019] FWCB 2946

19.01.2022 #FairworkFriday Welcome to 2020! This year promises to be a hive of activity on the industrial landscape as authorities tighten up the rules and regulations about wage theft. This will ensure the underlying premise of the law, that there should be a fair go all round: See Section 381 of the Fair Work Act 2009. #fairwork #workclaims

18.01.2022 #FairworkFriday Parties in a conciliation conference where a settlement agreement is reached will be bound immediately. An applicant who tries to continue his or her case to a hearing after such a settlement will face a striking out by the Commission: See Section 587 (1)(c) of The Fair Work Act 2009. #fairwork #workclaims

17.01.2022 #FairworkFriday Casuals who have been employed for more than a year are eligible for Job Keeper payments and have the right of appeal to the Fair Work Commission. Also those being terminated on the grounds of redundancy should seek advice as the Covid-19 provisions made by the Government are meant to avoid job losses. Redundancies may not be genuine: See Section 389 FW Act 2009. #fairwork #workclaims #covid

17.01.2022 **JOBKEEPER PUBLIC HOLIDAYS** As next week’s public holiday approaches employees under the JobKeeper Scheme should be aware of the following: Employees working reduced hours under JobKeeper enabling stand down direction or different hours under an agreement must still be paid any applicable penalty or overtime rates for the work they perform.... JobKeeper enabling stand down directions do not apply if the employee would usually be entitled to be absent on public holiday without loss of pay. Employers must still pay the employee what they are entitled to be paid on the public holiday. Sect 789GDC of the Fair Work Act 2009 (3) The Jobkeeper enabling stand down direction does not apply to the employee during a period when the employee: (b) is otherwise authorised to be absent from the employee’s employment. #fairworkfriday #jobkeeper #COVID-19 #employees

16.01.2022 #FairworkFriday General protection applications to the Fair Work Commission are on the rise. An employer cannot take adverse action against an employee for a range of prohibited matters. As an example if the employee wants to complain about Award compliance in the employment that will be exercising a workplace right and can lead to an action for damages for any dismissal linked to the complaint. : See Section 340 (1) of the Fair Work Act 2009.

16.01.2022 #FairworkFriday An unfair dismissal can be made if the employer conducts itself in such a way to force employee to leave or resign - see Section 386 of The Fair Work Act 2009. #fairwork #workclaims

16.01.2022 *NEWS** An employer who fired a worker by text message has come in for a strong rebuke in the Fair Work Commission. The employer tried to argue that the text was the modern way of communication. The Fair Work Commission found that the dismissal was unfair. The employer in normal circumstances had to meet face to face with the worker. The Commissioner said that dismissal by SMS was plainly unjust, unreasonable, harsh and, unconscionably undignified. The dismissal of the applicant with such perfunctory disregard for basic human dignity reflects very poorly on the character of the individual or individuals concerned. See Wallace v AFS Security [2019] FWC 4292 . #fairwork #workclaims

15.01.2022 #FairworkFriday COVID-19 in Australia is causing havoc in the workplace. The Fair Work Commission has been urgently reviewing Awards so that employers and employees can vary hours to accommodate the economic crisis and ensure that employees can continue to earn a wage. This can be done outside of the stipulated 4 yearly review to ensure that the Awards are achieving the modern Award objective, see Section 157 of the Fair Work Act 2009. #fairworkfriday #covid #coronavirus

15.01.2022 The WA Government is set to tackle the major issue of wage theft in Western Australia following shocking revelations of wage theft across various industries #fairwork #workclaims

15.01.2022 **NEWS** The State Government is investing in new safety laws and initiatives to better protect workers. Read the full media statement here: https://www.mediastatements.wa.gov.au//New-workplace-safet #fairwork #workclaims

11.01.2022 The new Coronavirus Economic Response Package has been added to the Fair Work Act 2009 which allows employers qualifying for the JobKeeper scheme to issue JobKeeper enabling directions- temporary modifications on employment terms and conditions. This includes reduction of hours, change of employees usual duties and location of work. What wont change is employees rights to general protection, unfair dismissal, and other entitlements not related to the direction such as sick... and carers leave. The employer must still comply with the following: requirements to pay wages general protections laws unlawful termination laws anti-discrimination laws laws dealing with health and safety obligations of employers and employees, and workers' compensation laws. Unfair dismissal laws still apply Remember you have 21 days from the day you were dismissed to submit an application, so call Workclaims Australia today. #employment #jobkeeper #unfairdismissal #fairworkact

11.01.2022 **IMPORTANT INFO** The difference between an employee and a contractor is important as to unfair dismissal rights. A contractor doesnt have any! However employers seeking to change the status of an employee to that of contractor need to be careful as they could be foul of the sham contracting provisions of the Act and finish up being prosecuted. This would be separate and on top of an unfair dismissal claim. In a case last week in Melbourne, after hearing the case and deciding that the applicant was truly an employee, the Commissioner said he would send it to the Fair Work Ombudsman for investigation. Although he didnt say so this could lead to a prosecution. See: STEPHANIE PROSDOCIMI v ADDICTION TREATMENT T/A DAYHAB [2019] FWC 4586. #fairwork #workclaims

10.01.2022 Today Patrick from Workclaims Australia gave a radio interview on 98.5 around " What the Employed Should Know" in relation to current Covid-19 pandemic, JobKeeper Scheme and unfair dismissal cases. https://98five.com/workclaims-australia-emplyed-should-know/

10.01.2022 #FairworkFriday THE FAIR WORK COMMISSION today increased the national minimum wage by 1.75% which means that it is $753.80 for a 38 hour week or $19.34 per hour. This is an annual review required under the legislation. It was acknowledged in the Decision that the nation is going through very difficult economic times due to the consequences of the pandemic. See Section 294-299 of the Fair Work Act 2009. #fairwork #workclaims #jobs

10.01.2022 #FairworkFriday The FIRST STANDARD (of the National Employment Standards that we mentioned last week) is that employees cannot be asked to work more than 38 hours per week unless the extra hours are considered to be reasonable. The 38 hour week cannot be changed by agreement or award, but they can be the subject of averaging over a number of weeks, but not more than 26 weeks. See Section 62 of The Fair Work Act 2009. #fairwork #workclaims #employment

09.01.2022 #FairworkFriday Emerging case law in the Federal Court has thrown the rate of pay for leave into turmoil. Up until the Mondelez case, the usual rate for a sick day was 7.6 hours. However the Court found that if you worked a 12 hour shift, you should be paid 12 hours. It accrues according to your ordinary hours of work : See Section 92 of The Fair Work Act 2009. #fairwork #workclaims

09.01.2022 **NEWS** An employer who fired a worker by text message has come in for a strong rebuke in the Fair Work Commission. The employer tried to argue that the text was the modern way of communication. The Fair Work Commission found that the dismissal was unfair. The employer in normal circumstances had to meet face to face with the worker. The Commissioner said that dismissal by SMS was plainly unjust, unreasonable, harsh and, unconscionably undignified. The dismissal of the applicant with such perfunctory disregard for basic human dignity reflects very poorly on the character of the individual or individuals concerned. See Wallace v AFS Security [2019] FWC 4292

08.01.2022 Are you a real estate sales representative working on a commission-only basis? This year you're probably starting to worry if you'll be able to keep going on the same rate you are now - contact Workclaims Australia and we can help you. #realestate #employment #commission

07.01.2022 #FairworkFriday The SECOND STANDARD (of the National Employment Standards that we mentioned two weeks ago) is that employees in particular circumstances can ask for flexible working arrangements. These embrace parents with children school age or younger, carers, the over 55s, employees experiencing violence from a member of the family and an employee who has to provide support for a member of a family that is experiencing violence. An employer can only refuse flexibility on reasonable business grounds. See s65 of Fair Work Act 2009. #fairwork #workclaims

07.01.2022 Thanks for having us!

06.01.2022 **JOBKEEPER PUBLIC HOLIDAYS** As next weeks public holiday approaches employees under the JobKeeper Scheme should be aware of the following: Employees working reduced hours under JobKeeper enabling stand down direction or different hours under an agreement must still be paid any applicable penalty or overtime rates for the work they perform.... JobKeeper enabling stand down directions do not apply if the employee would usually be entitled to be absent on public holiday without loss of pay. Employers must still pay the employee what they are entitled to be paid on the public holiday. Sect 789GDC of the Fair Work Act 2009 (3) The Jobkeeper enabling stand down direction does not apply to the employee during a period when the employee: (b) is otherwise authorised to be absent from the employees employment. #fairworkfriday #jobkeeper #COVID-19 #employees

05.01.2022 The THIRD STANDARD (of the National Employment Standards that we have been sharing with you over the last few weeks ) is that employees are entitled to parental leave up to 12 months unpaid leave and then the right to request a further 12 months. See Section 79 of The Fair Work Act 2009. #fairwork #workclaims

04.01.2022 WORKCLAIMS AUSTRALIA has notched up another win against the City of Stirling. A Full Bench in Melbourne today upheld an appeal by Neil Emery regarding his dismissal from the City on the 18 th March 2018. He had been accused of carrying a baton during the course of his duties as a Security Patrol Officer with Stirling. The Full Bench allowed the appeal on 5 grounds as follows: - Refusing to grant permission for the appellant to be represented at the hearing; - Failing to make ...any findings of fact to establish that the City had a valid reason for the dismissal; - Permitted the admission of hearsay evidence; - Permitted the admission of out of court statements; - Erred in finding that Mr Emery could breach the statutory regime in the future. Neils case will now be heard again before the Fair Work Commission. For the fine details of the judgment go to: [2019] FWCFB 4015 Neil Emery v City of Stirling. #fairwork #workclaims

03.01.2022 **IMPORTANT INFO ON NEW WA WORKPLACE SAFETY LAWS** Industrial manslaughter provisions to be introduced Prohibition on insurance for monetary penalties... Workplace health to be defined as both 'physical and psychological health' Workplace safety to come under a single Act covering all workplaces The State Government today tabled the Work Health and Safety (WHS) Bill in Parliament, paving the way for more modern workplace safety laws that apply to all industries. As a result of significant public concern and the recommendations of two reviews, the new legislation includes industrial manslaughter provisions carrying a maximum penalty of 20 years' imprisonment for an individual and a fine of $10 million for a body corporate. The new laws will make it illegal for insurance companies to indemnify entities against monetary penalties imposed under workplace health and safety laws. It is also intended to serve as a reminder that risks to psychological health must be considered alongside risks to physical health. #fairwork #workclaims

02.01.2022 **JOBKEEPER DISPUTES** On the 8th May Justice Ross, the President of the Fair Work Commission, released a statement on the Fair Work Commissions response to Covid-19 and JobKeeper disputes. At the time of statement, the JobKeeper disputes page on the FWC website had received more than 60,000 views and more than 1700 calls to the helpline were about Covid-19 related matters. As of 7th May the Commission had received 212 JobKeeper dispute applications and 25% were within their... jurisdiction. The dispute applications were; 41% about Jobkeeper enabling stand down directions (s.789DC) 12% about a direction on duties of work (s.789GE) 9% about a direction on location of work (s.789GF) 65% about a request to make an agreement about change to an employees days or times of work (s.789GG) 12% about a request to make an agreement to take annual leave (s.789GJ) 5% about a request for secondary employment or training (s.789GU) The aim of the Jobkeeper Scheme is to help Australian businesses stay open and keep workers employed. Some employers make genuine errors in implementing the Jobkeeper scheme and act fast to resolve them when identified. Unfortunately, there are some employers not complying with legislation, exploiting employees rights and entitlements. Workclaims Australia can provide you with representation in lodging a dispute and mediation and conciliation process.

02.01.2022 #FairworkFriday At the end of a financial year it is a timely reminder that the Australian Industrial landscape is underpinned by the National Employment Standards (the NES) and there are 10 of these and they apply to all employees covered by the Act. In the coming weeks we will publish each standard. See Section 41 of the Fair Work Act 2009. #fairwork #workclaims

02.01.2022 #fairworkfriday #unfairdismissal #jobkeeper #COVID19 In April this year the number of unfair dismissal applications increased by 65% compared to April 2019 and dismissals involving general protections have increased by more than 20%. Employers and employees willing to resolve and reach agreements on workplace matters has also declined.... The number of employees unfairly treated or dismissed is likely to be much higher than these statistics, with many people simply accepting it as an outcome of Covid-19. With majority of workplaces impacted by Covid-19, the JobKeeper scheme, stand downs and new part added to the Fair Work Act has caused much confusion for employees. Whether employers are using the JobKeeper scheme or not they must still comply with the law on payment of wages, anti- discrimination, general protections and unfair dismissal. If you think you have been treated unfairly or recently dismissed Workclaims Australia can provide you with the right advice and representation. You have 21 days from the day you were dismissed to submit an application so call us today

01.01.2022 *JOBKEEPER DISPUTES UNDER FAIR WORK ACT* New Federal laws adding more jurisdiction to the Fair Work Commission have been passed by the parliament. This means that if there are disputes regarding entitlements or rights under the Job Keeper package, the Fair Work Commission can deal with that dispute. The Fair Work Commission has made changes to its processes to deal with the Covid-19 issues.... There is a new Form and a dedicated email lodgment address. Workclaims Australia can represent you in this process. #jobkeeper #fairwork #covid-19 #workclaims

01.01.2022 **IMPORTANT JOBKEEPER INFO** The Industrial laws of Australia continue to apply to all employment relationships during the Covid-19 Pandemic and in particular the unfair dismissal laws ad redundancy rules. The team at Workclaims Australia continue to provide assistance, advice and representation during this time as the Tribunals convert to Video Conferencing and hearings. The Government has now enacted the legislation to bring into law the Job Keeper package which enables em...ployers to give their staff Job Keeper Enabling Directions. This may mean in certain circumstances that the following occurs: - A temporary and partial stand down - Alter an employees usual duties and locations of work - Alter an employees days and times of work - Request that an employee take paid annual leave, including at half pay. If a grievance or dispute arises from these occurrences, an employee has the right to apply to the Fair Work Commission for relief. We are here to make such applications and provide representation right through the mediation and/or conciliation process including arbitration if not resolved earlier. For all your work related matters please call us on 9301 0850 or Patrick personally on 0413527330. #fairwork #workclaims #covid #covid19 #jobs #employment