Employment Relations Update
Fair Work notifications of compliance campaign 2024/25 financial year ARE YOU PREPARED? The THA has been made aware that Fair Work will be undertaking walk in inspections and pending compliance audits within this 2024 financial year. The audits and campaigns are believed to be primarily related to their Food Precincts including restaurants and cafes, and we understand will be centred in the Hobart regions. This could also be expanded to other regions and from our understanding it appears that apprentices and trainees pay has been identified as one area of focus. They have selected this region, and possibly other regions, based on an analysis of relevant data, including requests for assistance the FWO may have received from employees in the areas. This does not necessarily mean your business is in breach but with previous high-profile cases being publicised Fair Work remain active. NOTIFICATIONS OF AUDIT The process adopted by Fair Work could include a visit and then a follow up notification of audit letters under Section 712 of the FW Act to produce records and or documents by stipulated dates. For those businesses not familiar with the Fair Work process, the THA has and will focus on communicating with members via webinars and monthly newsletters and upcoming ER statewide forums as a basis for ensuring compliance awareness. IF CONTACTED, WHAT DO YOU NEED TO CONSIDER? If and when contacted by Fair Work, feel free to reach out for our support and assistance and keep them notified. A proactive rather than reactive approach to any audit by Fair Work is recommended.
within a specified timeframe • Upon receipt of documentation Fair Work will assess compliance with minimum wages, overtime, penalty rates, allowances, record-keeping and pay slip obligations in accordance with the Fair Work Act, Fair Work Regulations and the applicable award or agreement. • If further evidence is required by Fair Work, they will also identify and or specify any potential or alleged breaches. • Fair work will generally formally communicate on visits, however it usually occurs with a walk in. They identify as officers and seek to commence with on-the-spot questioning as per the legal and lawful regulations that apply. • Remember - do not delay, do not ignore, keep them informed and seek assistance from the THA if required. PREVIOUS FAIR WORK CAMPAIGNS HAVE IDENTIFIED KEY NON COMPLIANCES INCLUDING: • Incorrect payslips • Meal breaks • Casual Rates, Incorrect classifications • Record Keeping • Junior Rates when serving and dispensing alcohol • Apprentice and Trainee rates of pay SMALL BUSINESS SELF AUDIT The THA has previously provided the below internal only process to members, which is a simple five step process for ensuring compliance awareness
Step 1 : Check the law Step 2: Check your record-keeping
Step 3: Audit your records Step 4: Review the findings Step 5: Fix any problems
This process can serve as an excellent audit and proactive check to have in place and available if Fair Work do arrive and definitely saves time.
Statewide Forums I will be travelling around Tasmania in early November hosting FREE employment relations forums. It isn’t too late to attend - log into the member portal for all the deails and secure your spot.
Do not ignore or delay with timelines on providing documentation if available.
FAIR WORK PROCESS Fair Work are required to formally identify their inspectors and comply with the guidelines when visiting to request time and wages records for audit. If that occurs their inspectors will:
ER Enquiries? Contact Merv Saltmarsh E: merv@tha.asn.au Ph: 0407 869 924
• Serve notice and request for documentation
25 Tasmanian Hospitality Review Oct/Nov Edition
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