Hire and Rental News - May 2018

In recent months Fair Work Inspectors have been investigating HRIA members for compliance with applicable workplace laws and employee Awards regarding employment entitlements. Here Brenton Allen from MST Lawyers, which provides invaluable service to all HRIA members under the HRNet initiative, offers input on how members should proceed under such an investigation. 50 HIRE AND RENTAL NEWS • EVENTS in FOCUS • MAY 2018 Fair Work Inspectors recently approached a number of HRIA members, requesting the production of employment-related information to investigate compliance with applicable workplace laws. In some cases, at the conclusion of an investigation, Fair Work Inspectors said the employer had incorrectly applied the terms and conditions of the Amusement, Events & Recreations Award 2010, and directed the employer to apply the terms and conditions of the General Retail Industry Award 2010 moving forward, and make back payments as required. Entitlements of the FWO Fair Work Inspectors may enter a workplace if they reasonably believe: • Commonwealth workplace laws apply to the workplace; and • Records or documents relevant to compliance with Commonwealth workplace laws are located at the premises (including documents contained on a computer). While at your workplace, Fair Work Inspectors are entitled to: • Inspect any work, process or object; • Interview any employee (with their consent); • Require a person to tell them who has or can access a record or document; • Require the person with access to a BULLETIN – Entitlements of the Fair Work Ombudsman & Modern Award Coverage record or document to produce the document while the inspector is on the premises or, within a set timeframe; • Inspect and make copies of any record or document kept at the workplace (either in hardcopy or on computer); • Take samples of any goods or substances after informing the owner or person in charge of the goods or substances. Employers should not obstruct or hinder a Fair Work Inspector from entering their workplace and carrying out these tasks. In the course of an investigation, a Fair Work Inspector can issue a written Notice to Produce Records or Documents, requiring a person to provide certain information within a specified time period. These records can include, but are not limited to: • Names and contact details of employees; • Engagement letters/employment contracts; • Rosters, timesheets and payslips; and • Documents relating to accrual of leave entitlements; • Significant penalties can apply if you do not comply with a Notice to Produce Records or Documents. If you are contacted by a Fair Work Inspector you should: • Contact HRNet to receive preliminary advice; • Cooperate with the FWO’s investigation, which may include producing documents and records requested by the Fair Work Inspector; • Seek to promptly resolve any alleged complaints or issues that arise during the course of an investigation. Different rules apply to union access. We recommend contacting HRNet for advice should this arise. Modern Award Coverage Modern awards are legal documents that outline minimum pay rates and other conditions of employment. As a general proposition, whether an employer or employee is covered by a modern award turns on whether the substantial character of the employment falls within the scope of the coverage clauses of the particular modern award. It is a question assessed by reference to the trade or business of the employer as a whole and the duties performed by its employees. In some cases, an employer can be covered by more than one award. See below a list of common classes of employees employed by HRIA members, and the corresponding modern award that may cover the employee: *HRIA members should exercise caution EVENTS in FOCUS