Newsletters 08


  • DIRECTOR ORDERED TO PERSONALLY PAY BACKPAY, PENALTIES
    Robert Stevenson
    The Chief Industrial Magistrate's Court of NSW has recently ordered a sole director to pay backpay and penalties for an employee where the employer company failed to pay. The case is a reminder that the Workplace Ombudsman may pursue individual company directors who think they can avoid their workplace obligations ...
    READ MORE....

  • 20 WEEKS PAID PARENTAL LEAVE
    Robert Stevenson
    The Productivity Commission has now released its draft report and recommendations on paid parental leave. As expected, the Commission has proposed a taxpayer funded paid parental leave scheme with the main features being:
    READ MORE....

  • 20 WEEKS PAID PARENTAL LEAVE
    Robert Stevenson
    The Productivity Commission has now released its draft report and recommendations on paid parental leave. As expected, the Commission has proposed a taxpayer funded paid parental leave scheme with the main features being:
    READ MORE....

  • AWARD MODERNISATION PROCESS
    Robert Stevenson
    It is important that employers are aware of the federal award modernisation process currently taking place. The new modern awards will come into force on 1 January 2010 but their form is being finalised now. Employers should consider whether they wish to make submissions on the form of any ...
    READ MORE....

  • UNFAIR DISMISSAL CHANGES BROUGHT FORWARD
    Robert Stevenson
    The federal government has recently announced that new unfair dismissal and bargaining laws will now commence from 1 July 2009, six months earlier than previously stated. This bulletin concentrates on the unfair dismissal changes for small businesses. Under existing laws, dismissed employees cannot commence an unfair ...
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  • CARERS LEAVE REQUESTS SHOULD BE TREATED SERIOUSLY
    Robert Stevenson
    Employers should be extremely cautious about rejecting requests for carers leave, particularly where there are urgent circumstances. Under both state and federal law, employees have clear entitlements to carers leave and employers should ensure they are familiar with the legal requirements.
    READ MORE....


 

Business owners should be aware of changes to the superannuation guarantee legislation which took effect from the quarter commencing 1 July 2008.

 

As you know, the superannuation guarantee legislation provides for compulsory employer contributions to employee superannuation (and for contractors in certain situations). The main basis used for working out contributions has been to use “ordinary time earnings” (OTE). However, the legislation has allowed other methods in certain circumstances. Legislative changes mean that, for the quarter commencing 1 July 2008, the ONLY earnings base that employers can use for calculating their superannuation guarantee obligations will be the OTE basis.


It is a good time for business owners to review their obligations to ensure they are complying with the requirements. You should be aware that OTE includes not only normal weekly wages but also things such as bonuses and other over award payments, shift loadings and commissions. However, it does not include overtime, lump sum payments made on termination of employment for unused annual or long service leave or some other types of payments. If business owners do not pay proper superannuation contributions, employees may make complaints to the Australian Taxation Office and may be faced with having to pay large amounts retrospectively together with significant penalties and even prosecution in extreme cases.

 

Business owners should also be careful to consider the requirements of employment agreements and any applicable award or collective agreement in implementing these changes. If higher superannuation contributions are payable, it may be necessary to consider obtaining the agreement of relevant employees for the extra contributions to be classed as part of the existing remuneration package.

 

The issue of paid parental leave has been in the news lately.  What has occurred is that the new federal government has asked the Productivity Commission to inquire into and report on the economic and social costs and benefits of paid maternity, paternity and parental leave.  Core issues to be considered by the Productivity Commission are:

 

a.                 models of parental leave with reference to eligibility, duration and generosity of benefits, financing options and return to work guarantees;

b.                 family health and wellbeing with reference to breastfeeding, the role of fathers, duration and effects for different families;

c.                  family income and parental employment including reference to the factors that deter fathers from taking more parental leave;

d.                 the broader labour market impacts of parental leave;

e.                 impacts on employers; and

f.                   interaction with social security and other government programs.

 

A draft report is due to be released by September 2008.  Further public hearings are to take place before the end of the year and a final report is due to be completed by the end of February 2009.  It is possible that paid parental leave could be a reality before the end of 2009. 

 

In Australia, legislation currently provides for up to 52 weeks unpaid parental leave, covering maternity, paternity and adoption leave.  Australia and the United States (with the exception of California) are the only OECD countries without some form of statutory paid parental leave.  In other countries, paid maternity leave is between 14 and 48 weeks in length, which is usually funded through compulsory social insurance schemes split between employer and employee contributions.  New Zealand is the only country at the moment with parental leave funded solely through general government revenue. 

 

Whilst there has been significant criticism that Australia does not have a formal system of paid parental leave, the reality is that publicly funded family support in Australia is relatively high by OECD standards but it takes the form of targeted support such as the one-off baby bonus and various subsidies.

 

A number of companies in Australia already offer paid parental leave to their employees.  Examples are:

 

  • Australian Public Service – 12 weeks at full pay after 1 years service;
  • AMP – 6 weeks at full pay after 1 years service;
  • Holden – 14 weeks at full pay after 2 years service;
  • Myer – 6 weeks at full pay after 1.5 years service;
  • Aldi – 14 weeks at half pay after 1 years service.

 

It appears the most likely outcome of the inquiry will be a recommendation for 3 months pay at the minimum wage rate funded by government (most likely at the expense of some existing family benefits).  This has been the submission of the primary union and employer organisation representatives.

 

 

Our last NathanMail gave an overview of the changes to the industrial relations system proposed by the Rudd federal government.  Since then, the first step in the rollback of WorkChoices has taken place with the commencement of transitional legislation from 28 March 2008.  The main features of the transitional act are:

 

Welcome to the new year.  In recent times, you would be forgiven for thinking it was a case of “another year, another industrial relations system”.  On the face of it, this year will be no different given the recent election of a new federal government.  However, the ALP’s central message is that their changes will be evolutionary rather than revolutionary.

 


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Testimonials



My company provides systems safety engineering, assessment and training services to the rail, defence and aerospace industries. Rob has helped my business by reviewing and advising on consultancy contracts with customers, preparing employment agreements for use in the business and assisting me with advice on the legal requirements for managing employee performance.


He has been readily contactable and has provided sensible advice. I am grateful for his advice and I feel it has been invaluable in avoiding many of the pitfalls facing business operators.

Dr Alena Griffiths, Director
System Safety & Quality Engineering Pty Ltd



This helped the organisation to make decisions about its strategic approach to the case. Rob appeared for TUH at a conciliation conference in the Commission which resulted in a satisfactory resolution of the matter. He was a strong advocate for the organisation and we were happy with his assistance.

Sarah Morris, Chief Financial Officer and Company Secretary
Teachers’ Union Health




Rob Stevenson has helped my company with legal advice, particularly in the employment area, for several years now. He has provided advice about the company’s employment and contracting arrangements and helped with draft contract documents. He has also provided advice and prepared letters for use in the termination of an employee. I operate a busy small business and I have found Rob to be accessible by telephone and he has also visited my office. He has given good, practical advice.

Patricia Newman, Director
Newman Transport Pty Ltd




My company has used Rob’s law firm on a number of occasions. He has helped me with a commercial claim against one of my company businesses as well as providing assistance and advice to me about responding to a discrimination claim made by a former employee which was able to be resolved. I have been very happy with the service he has provided. His response times have been quick and his advice has been sensible and helpful.

Adam McEvoy, Director
McEvoy Rural Holdings Pty Ltd




Rob Stevenson has helped my company with several employment matters in recent years. These have included resolving a common law employment claim, giving advice about requirements for notice and the return of property on termination of employment as well as workers compensation issues. 


Rob has been prompt in returning my calls and emails and has provided detailed and timely advice which has been of assistance to the business. He doesn’t use too much legal jargon and his advice has been practical and useful. I would have no hesitation in recommending Rob’s expertise to other businesses with similar questions to mine.

Justin Barrett, Director
Barrett Shop Fitting Pty Ltd




Rob Stevenson has provided advice to my company about several complex and sensitive employment issues in recent years.  I have found him to be professional and courteous, readily available to talk to and good with providing advice in short timeframes. He has a practical approach and I have appreciated his advice and assistance. I have no difficulty in recommending his services in the employment law area.

Peter Hallahan, Chartered Accountant
Hallahan & Co




Rob Stevenson has acted for us in the resolution of a discrimination claim in the Federal Magistrates Court. He gave detailed advice about the steps in the legal process, practical issues in the case and our options. He engaged experienced counsel and we worked as a team to successfully resolve the matter without the need for prolonged legal proceedings. I found him to be readily available to speak to and he impressed me as being experienced in employment and discrimination law. We were happy with his work.

Neil McDonald, Company Secretary and Manager – Legal Services
Hamilton Island Resort




Kingston Park Raceway has used Rob Stevenson for our employment law needs for several years. We are a flexible and dynamic workforce that was looking for a platform that satisfied all of our employee needs whilst working a rotating 7 day roster. Rob’s understanding of these needs and ability to work well with our employment requirements has enabled us to produce an easy to understand collective agreement approved by the Australian Industrial Relations Commission covering my workforce.


This has provided a stable industrial environment for the operation of Kingston Park Raceway and allowed the business to work harmoniously whilst still continuing to grow. The demands on employers is sometime overwhelming but Rob has been easy to understand and professional in his approach and we have been very happy with the results achieved.

Terry Skene, Director
Kingston Park Raceway




I have been dealing with Rob for a number of years in relation to workplace issues in my business. He has been generous with his time in discussing the employment issues which have arisen in my business from time to time. He has prepared Australian Workplace Agreements (AWAs) for use in my business which were approved by the Workplace Authority.


He has also helped with advice on post employment restraint issues on several occasions. As an owner of a growing business, I have appreciated his practical advice and assistance and recommend his services in the employment law area.

Paul Davis, Director
Paul Davis Personal Trainers Pty Ltd



Rob has provided employment legal advice and assistance to QAIHC and its member organisations and presented QIHFN seminar presentations on workplace legal issues and changes to workplace relations legislation. Rob has a practical and friendly style which has been appreciated and he responded quickly to requests for advice.

Helen Hewett
Director, Fineline Consultancy Pty Ltd




Rob Stevenson has been providing advice and assistance to the Employee Council and its members for over 10 years. Rob worked on the Council’s application as an enterprise union and has provided advice to many members over the years in situations ranging from disciplinary action to termination to claims for long service leave payments. He has also given advice to our industrial advisers on difficult legal points. I have always found him easy to contact and talk to and his advice has been practical and helpful to our members and the Council.

Chris Bath, Chief Executive Officer
Suncorp Group Employee Council




Rob Stevenson has helped us to successfully resolve a claim of unfair/unlawful dismissal by a former employee which involved proceedings in the Australian Industrial Relations Commission and the Federal Magistrates Court. Rob was able to explain the legal processes to us in terms we understood. He also advised us about practical issues in the case which greatly assisted us in making decisions.


He engaged excellent counsel and worked with the barrister as a team to ensure our organisation received the best possible outcome. He attended to matters promptly and was readily accessible. As an individual and on behalf of the organisation, I would have no hesitation in recommending his services.

Leisa Fraser, Finance Officer
Goolburri Health Advancement Aboriginal Corporation


 



Allied Express has used Rob Stevenson’s services in a long running claim by a former contractor. Rob has impressed me with his calm, efficient manner and knowledge of the detail of the claim and we are happy with his conduct of the matter. He has regularly kept me advised of developments and he has been professional in his approach.

Jeanette Bonaccorso, State Manager
Allied Express Transport Pty Ltd




I have been dealing with Rob Stevenson for several years. I have found him to be a conscientious lawyer who prides himself on giving practical, timely and cost effective advice to his clients in the areas of employment and discrimination law.

Dr Peter Lynch
dci lyncon




Nathan Lawyers service to Barambah Regional Medical Service has been of a high professional standard. Nathan Lawyers always gave direct and sound advice to any legal matters asked by our organisation.


Timely reports and advice was given, with full support of the legal requirements to any decisions that our organisation had made. The legal advice was also articulated at a community level and was very culturally appropriate in the delivery of information.


Nathan Lawyers are very approachable and has communicated our organisations needs to exactly what was queried. I have no hesitation in recommending Nathan Lawyers to any employment, contracting and discrimination law case.


Bruce Simpson, CEO
Barambah Regional Medical Service




Rob Stevenson acted for me in a discrimination complaint against a government department. After approaching the Queensland Public Interest Law Clearing House (QPILCH) for assistance, I consider myself to be very fortunate to have had Rob take up my case and represent me. After Rob accepted my case, I was able to apply for, and secure, limited financial assistance from Legal Aid Queensland.

In dealing with my complaint, Rob went to great lengths to explain with great clarity the entire process as well as my options. Rob put all issues in layman’s terms that were easily understood. I was able to discuss all issues and concerns with Rob, to which he was always able to provide practical and professional advice.

Although having a professional approach, Rob was always extremely easy to talk to. With Rob’s assistance a very satisfactory settlement to my complaint was reached. I was extremely pleased with and grateful for Rob’s representation of my complaint. I would have no hesitation in recommending Rob for legal representation.

Leonie Hartley