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A few major compliance issues that have been reported by the Fair Work Commission in 2018

Many people tend to think that the majority of employers in Australia are fully aware of the various the ‘ins and outs’ of the Fair Work Act (FWA of 2009), especially from the point of view of the Fair Work Commission of 2018. However, that is not really the case for many, if not most such business enterprises in Australia.

As a matter of fact, few employers were even confident that they will be able to comply with the FWA directives as per the Employsure Workplace Index. In fact, some of them candidly admit that they know either very little or for that matter, nothing at all about the FWA.

VariousHR practices related researches have also revealed that many employers usually find it quite difficult to calculate the total amount of the entitlements as well as the correct pay, to the extent that they can confidently state that they are in full compliance of the Fair Work commission 2018.

With regard to such compliance issues, especially in terms of small business employers, the fact of the matter is that they do not even know where to go so as to be able to find help, beyond googling the FWA 2009 with reference to their Fair Work obligations. This is the part where the Employment Innovations fair work compliance services comes into the picture, since the outfit has a penal of proven experts who are well versed not just in the FWA 2009, but also the many compliance related issues (as mentioned by the Fair Work Commission in 2018) that a business organization may be in violation of, in Australia.

The Employsure Workplace Index consists of over half a thousand Australian small and medium sized businesses enterprises.It has highlighted the three main issues that employers will have to face:

  • How to end (permanent) employment,
  • staff calling in sickand
  • the complexity of workplace and related laws

Shortly after the Fairwork Commission report was published in 2018, there had been a raft of cases  involving the Fair Work Commission  as well as the Fair Work Ombudsman. Taken together, they have essentially highlighted the central importance of typical HR practices taking precedence over workplace laws as they are practiced in Australia.

Furthermore, it has also been announced that various holding companies and even franchisors will now end up facing far higher scrutiny and even greater  accountability for any failure to act when either their  subsidiary or for that matter, their franchisee has been found to be in a direct violation of the FWA.

The new law effectively means that there will be a considerably higher scale of penalties (often going up to ten times of the amount being paid currently) for any brand new category of really ‘serious contraventions’ of the workplace laws that are currently part of the statute books in Australia.