Employment law and industrial relations

IR Topics by Total Contacts: 9479

CONTACTS

IR Topics by Total Hours: 4285

HOURS

MGA TMA’s Employment Law team continues to deliver IR support services well above members’ expectations. The first half of the financial year, the Employment Law team mentor Marie Brown, former National Legal Counsel and four qualified Employment Law lawyers were fully dedicated to resolving members’ employment-related queries.

In January 2022 Catherine Flannery-Sweet departed MGA TMA and Marie Brown reduced her time.

The second half of 2022 was quite challenging for our IR team being down one colleague and the issues and matters of concern faced by members seem to escalate. Our IR team was under considerable pressure to assist and support members at a very busy and demanding time. We thank the team for their dedication and commitment to getting the job done for our members.

Not only were members facing severe labour shortages so too was MGA TMA, owing to the very tight labour market.

Our members have faced much challenge, change, uncertainty and unpredictability over the past 2 years owing to the COVID-19 restrictions imposed upon communities around Australia. MGA TMA’s team of Employment Lawyers has served members from around Australia with aplomb. MGA TMA’s Employment Law team has provided quality and timely advice, delivering Employment Law Webinars, submissions to State and Federal governments.

IR Team Activities

MGA TMA’s Employment Law team comprises of legal practitioners that provide members with timely and effective legal and IR advice and legal representation. Members are supported through our advocacy work in preparing submissions to government bodies and tribunals.

The Employment Law team has become more important than ever to members in the wake of COVID-19, as we continue to assist members with understanding and complying with complex legal obligations. Major workstreams

The Employment Law team has been involved in the following key advocacy projects in the 2021-2022 financial year:

2021-2022 Annual Wage Review

The 2021-2022 financial year finished on a somewhat sour note for our members, given the challenges, changes and increased costs to do business. In June, after extensive MGA TMA advocacy work, the lodging of a facts, evidence and data based annual wage review submission and further consultation, Justice Iain Ross from the FWC delivered a 5.2% minimum wage increase and a 4.6% award based wage increase.

Extensive economic research and member consultation was undertaken for our submissions. In light of heavy economic and financial pressures on our members, created by significant previous wage and superannuation contribution increases, the

lingering impact of COVID-19 MGA TMA advocated for a 0% increase to the award rates for FY2023.

This increase has shocked our members and will create significant cost pressures for our members not to mention the difficulties they will face when considering additional employees to be recruited.

It is acknowledged that there was significant political pressure exerted upon the FWC to increase wages owing to the post Covid significant cost of living figures which were produced to the public since February 2022.

Family and Domestic Violence Leave Review 2021

MGA TMA has been engaged in a number of forums and lodged two submissions advocating against the inclusion of 10 paid days of leave in the GRA for reason of family and domestic violence, as this would result in an extremely burdensome cost for businesses. MGA TMA is of the view that any paid leave for the purpose of family and domestic violence should not come from the pockets of independent retailers and should be considered in the same way as Government funded paid parental leave.

The Attorney-General’s Department Statutory Review of casual employment legislation

After extensive work done by MGA TMA, and in a bid to support Australia’s Jobs and Economic Recovery, the Fair Work Act 2009 (FWA) was amended with changes taking effect on 27 March 2021. The recent amendments have altered both the obligations and the entitlements for casual employees. The main amendments to the FWA include the following: • all casual employees must receive a casual employment information statement. • a definition of casual employment; and • new pathways for casual employees to become permanent employees. The establishment of a casual definition has given members greater confidence in employing casuals now that the risk of double dipping for annual leave entitlements has been alleviated.

Loaded rates in the General Industry Award (GRA)

As previously reported, in late 2020, amidst the COVID-19 madness, the former Attorney-General Christian Porter wrote to the FWC expressing the need for the introduction of simplified pay arrangements in the form of loaded rates in Awards. This was proposed by MGA TMA and COSBOA in the IR Reform Groups, a part of a Small Business Award discussion, hosted by Christian Porter.

In response to Christian Porter’s request, the FWC invited MGA TMA to work closely and constructively with the FWC team to produce a draft determination scheduling a detailed loaded rate arrangement.

MGA TMA has been working closely with the FWC team to work through a number of loaded rates scenarios that may suite small businesses

The purpose of the working group is to simply and reduce wages complexities – to arrive at a weekday and weekend rate that is all encompassing rather than navigating through a myriad of penalties, and overtime rates creating risk and uncertainty. This is a work in progress. Other submissions include

NSW Workers Compensation with respect to employees contracting COVID-19

Qld - Inquiry into the operation of the Trading (Allowable Hours) Act 1990 (QLD)

Qld - Committee Secretary Education, Employment and Training Committee with respect to a permanent Small Business Commissioner in Queensland

WA - 2022-23 Christmas/New Year Retail Trading Extensions for the Perth Metropolitan Area

ACCC - Proposed acquisition of SUPA IGA Karabar by Woolworths Group Limited

The Employment Law team continues to remain abreast and inform members of developments in the employment law framework and other legislation that impacts members.