Fair Work Changes protect vulnerable workers
Madhu Chaudhuri
I help Ex Pats, Migrants, families, small businesses transitioning to achieve their property and finance dreams -be Financially Independent | Finance Writer
On 15 September 2017 the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 took effect. #Fairwork #Fairwork_gov_au #taxes #vulnerable #workers #Equal #Fair
It makes the following changes to the Fair Work Act 2009 (the Fair Work Act):
? increase penalties for ‘serious contraventions’ of workplace laws
? make it clear that employers can’t ask for cashback from employees or prospective employees
? increase penalties for breaches of record-keeping and pay slip obligations
? employers who don’t meet record-keeping or pay slip obligations and can’t give a reasonable excuse will need to disprove wage claims made in a court (this is also referred to as a reverse onus of proof)
? strengthen our powers to collect evidence in investigations
? introduce new penalties for giving us false or misleading information, or hindering or obstructing our investigations.
From 27 October 2017, the changes also mean that certain franchisers and holding companies can be held responsible if their franchisees or subsidiaries don’t follow workplace laws (if they knew or should have known and could have prevented it).
What do the changes mean for you?
For employers:
Make sure you are meeting your pay slip and record-keeping obligations. Businesses that don’t keep the right records, don’t give proper pay slips, or who make false or misleading records and pay slips can face higher penalties.
For franchisors or holding companies:
You could be liable if your franchisees or subsidiaries don’t follow workplace laws. Make sure you take reasonable steps to prevent breaches of workplace laws in your network.
For employees:
If your employer requires you to use your own money unreasonably, or is making you give some of your pay back to them or another person, this could be unlawful.
If you are any of the above, it might be important to read the details on www.fairwork.gov.au.
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