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Inquiry Report into National Retail Leasing Arrangements
Earlier this week, the Senate Economics References Committee released its report following an inquiry into the need for a national approach to retail leasing. The inquiry was established in June 2014 after South Australian Independent Senator Nick Xenophon suggested the current Terms of Reference had a clear ‘anti-landlord’ bias.
The Committee recognized that whilst a harmonised approach to retail leasing, it was a matter for the states and territories to govern.
The Committee tabled three key areas in their report:
- Endorsing the role played by the Small Business Commissioners across the country with regard to dispute resolution and encouraging their establishment in all jurisdictions.
- Re-opening the possibility of preparing a national Disclosure Statement, driven by a re-established Retail Tenancy Working Group.
- Recommending the Federal Government take a stronger leadership role through Council of Australian Governments (COAG) with the purpose of encouraging states and territories to move toward a harmonised approach to retail leasing. As a result, the Federal Government will now consider and respond to this recommendation.
The NRA broadly supports these proposals but there is some way to go yet before these ideas become law.
Click here to read the full inquiry report into the need for a national approach to retail leasing arrangements. |
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National Injury Insurance Scheme - Workplace Accidents
The Commonwealth Government is currently working with State and Territory Governments to develop a National Injury Insurance Scheme (NIIS) to provide lifetime care and support to people who suffer a catastrophic injury from a motor vehicle accident, workplace accident, medical treatment injury or general accident (occurring in the home or community).
The intention of the NIIS is to ensure that all individuals who are catastrophically injured in an accident will be entitled to lifetime care and support regardless of whether or not they are able to prove that another party was at fault for their injuries.
A Consultation Regulation Impact Statement (RIS) has been released which contains a set of minimum benchmarks for injuries sustained during workplace accidents. The Consultation RIS discusses the impacts that these proposed changes would have on workers, government and the private sector.
Click here for more information and to view the full Consultation RIS.
The NRA will be making a submission on these proposed changes and is interested in hearing your views. Click here to provide us with your feedback. |
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IR Update
Bully or Boss: Performance Improvement Plan not Bullying
The Fair Work Commission (FWC) determined that a lawyer who was placed on a formal Performance Improvement Plan (PIP) had not been bullied by her five colleagues.
Employees with the large financial institution were required to attend a twice-yearly performance assessment. In the preceding year and a half, Ms Mac’s (the applicant) performance was lacking in relation to the timely completion of her work and attendance to clients among other issues. The employer addressed these concerns in scheduled performance assessments and provided her further guidance and counselling, however with no clear improvement, a PIP was initiated. Ms Mac did not respond well to the PIP and subsequently adjourned her employment for a number of months on stress leave.
In early July 2014, Ms Mac filed an application for a stop bullying order in the FWC against the financial institution. For the purposes of clarity, the FWC confirmed that there is nothing in section 789FD of the Fair Work Act 2009 (Cth) (the Act) which suggests that bullying at work can be engaged in by a corporation, but rather only an individual. For a successful application, the worker must ‘actually and genuinely hold a reasonable belief’ that they have been bullied at work. There must be, the FWC commented, ‘something to support it, or some other rational basis for holding of the belief’. The respondent contended that the applicant’s beliefs were objectively unreasonable.
Vice President Adam Thatcher ruled in favour of the employer, not satisfied that Ms Mac has been bullied at work by her colleagues. There were evidenced shortcomings in Ms Mac’s performance, and the financial institution was entitled to take some form of action to ensure improvement. The requirement under the PIP for improvement with staged timelines, support and feedback was simply reasonable management action carried out in a reasonable manner.
Click here to view the full case.
If you have any further questions or need clarification in relation to the above information please contact the NRA by email or phone 1800 RETAIL (738 245). Please note, this article contains general information only and does not constitute legal advice. For advice regarding your circumstances, please contact the NRA.
NRA’s Employment Law Toolbox Series: Workplace Bullying, Sexual Harassment and Discrimination this April is a great way for employers to simplify their responsibilities to employees. Click here for further information about the Toolbox Series.
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Spotlight on Training
Workplace Bullying, Sexual Harassment & Discrimination
State and Federal legislation imposes legal obligations on employers to ensure workplaces are free from inappropriate behaviour that constitutes sexual harassment, discrimination or bullying.
During this 3 hour session we explain how employers can minimise their risk of litigation in regard to:
- Discrimination
- Sexual harassment
- Workplace harassment (bullying)
- Adverse action
Participants will also receive a template discrimination and harassment policy.
Sydney: Monday, 13 April
Brisbane: Tuesday, 14 April
Melbourne: Wednesday, 15 April
Workplace Health & Safety
Every business must ensure that it is complying with State and Federal obligations in relation to workplace health and safety (WH&S). Given the complexity and scope of the jurisdiction, it is critical for businesses to be aware of what their general or initial obligations are when faced with WH&S issues.
This 3 hour training session provides employers with an overview of their WH&S obligations, including obligations of duty holders, compliance requirements, investigating workplace complaints and incidents, initial obligations when dealing with injured workers and how to best meet the requirements of the state-based WH&S regulators.
Sydney: Monday, 20 April
Brisbane: Tuesday, 21 April
Melbourne: Wednesday, 22 April
Click here to view the full 2015 Employment Law Training calendar.
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NRA Workplace Law Masterclass
With just over 2 weeks to go, time is running out to register for the NRA's Workplace Law Masterclass!
This event will be delivered by industry experts and will inform you of best practice strategies to protect your business. With Masterclasses being held in Melbourne, Sydney and Brisbane, this is a not to be missed event.
Brisbane: Tuesday, 7 April
Sydney: Wednesday, 8 April
Melbourne: Thursday, 9 April
Commissioner Susan Booth of the Fair Work Commission, will present a key note address on the common pitfalls in unfair dismissal matters. Topics covered will include recent matters that have been before the Commission, the most common and not so obvious pitfalls of employers in relation to unfair dismissal matters and suggestions for processes for employers to focus on.
Click here to view the full event schedule and to register.
For more information on the Workplace Law Masterclass, contact a member of the NRA Employment Law Team by email or phone 1800 (RETAIL) 738 245 |
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Rewards for Excellence: Learn More About Our Training Award
Good training sows the seeds for a workplace filled with good employees, right? I mean, where on earth would any of us be without the wisdom and strategic guidance of those who’ve been there before us?
Take our 2014 Training Excellence Award winner, Foot Locker. The standard for the sneaker-wearing clan is high – Foot Locker kicks off all new kids on the block with comprehensive training, but it then offers employees a rewards system for outstanding performance, in which it pays for further training, right up to a Certificate IV in Retail Management!
It’s clearly onto something – after starting more than 35 years ago, when there were just three types of sneakers to choose from (so very boring), it’s grown to have more than 4000 stores under its banner, and stands comfortably (pun intended) as the world’s leading retailer in athletically-inspired shoes and apparel.
Rewards for Excellence nominations are closing soon, so don't be late for this very important date!
Nomination and registration forms can be found online here, or feel free to contact the events team by email or phone 1800 RETAIL (738 245).
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The Business Case for Energy Sustainability
It’s been a busy past few weeks for our Retail Buys the Future project but we are pleased to invite David Moy as a guest writer for our future Retail Buys the Future newsletters.
David currently holds an Adjunct Professorial appointment at Central Queensland University. He lectures two courses - Environment Risk Management and Cleaner Production and Waste Management within the Masters Degree in Environment Management. David is also the Director of his own small business techSearch Waste and Environment Services.
In our upcoming newsletter we’ll be covering commercial refrigeration, energy consumption and waste as well as looking at how the Good Guys Capalaba managed to bring down their electricity bill!
We’ve also just released a new online presentation discussing how sustainable actions can improve profits. The presentation focuses on:
- Silent energy users and what to do about them;
- How to engage staff into your energy efficiency program; and
- How to market your sustainable achievements to you customers.
You can access this presentation anytime at your convenience through the Retail Buys the Future website, or by simply by clicking here
Click here to read our upcoming newsletter. |
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