HG Paper: Fair Work Reform: Implications for the Hospitality and Gaming Industry - 23 Apr 2010

All of the workplace relations reforms proposed by the Rudd Government are now up and running. In particular, these include a new award safety net and a new set of default employee entitlements contained in the National Employment Standards, applicable from 1 January 2010.

Employers that have not adapted to the reforms, and the individuals responsible for running their businesses, run the risk of prosecution by the federal regulator, the Fair Work Ombudsman, for recovery of large civil penalties: up to $33,000 per breach for corporate employers, and up to $6,600 per breach for sole traders or managers ‘involved in’ contraventions.

Less dramatically, employers in this position also run the risk of incurring significant liabilities for unpaid or underpaid wages, plus interest.

This paper outlines some of the questions you should be asking in relation to the compliance areas you should review in the course of your business operations, including the following:

Have you identified the new award safety net applicable to your business?
Having identified the applicable award safety net, does your business comply?
Do you use preferred hours arrangements?
What other safety net issues do you need to consider?

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