MEMBER SERVICES
ARA Employment Relations Support & Advice
To access these services, contact the ARA membership team
on email membership@retail.org.au or 1300 368 041
Employment Relations Advisory Service
The ARA’s industrial relations advisory service is managed by market-leading industrial relations experts. Our team’s accessibility is unrivalled – members receive the support they need when they need it.
As ARA members experienced throughout the pandemic, when a crisis arrives and you need urgent help, the ability to immediately access a large team of industry experts and supporting resources is vital to navigating the crisis.
Compliance issues? Questions about legal obligations? ARA’s experienced retail-focused telephone consulting team are on call on our toll-free number to provide members with up-to-date advice on all employment matters.
- Wage enquiries and workplace agreements
- Performance management, disciplinary processes and termination of employment
- Termination of employment and redundancy
- Penalty rates and conditions of employment
- Unfair dismissal claims
- Discrimination and harassment
- Award interpretation
- Trading hours and public holidays
- Transfer of business-applicable employment conditions and helpful tips
- Discounted fees for additional services if required
In addition, ARA members gain access to monthly Employment Relations webinars and regular employment updates.
Employment Relations Alerts
To help ARA members navigate the everchanging industrial relations landscape, the ARA is working with the Fair Work Ombudsman to share detailed guidance on changes to workplace laws affecting employers and employees. Click on the links below for more information.
Closing Loopholes No.2 Legislation
CASUAL EMPLOYMENT CHANGES
From 26 August 2024, pursuant to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, multiple changes to casual employment within the FW Act have come into effect.
These changes include redefining how casual work is defined, changing the pathway to permanent employment and reshaping employee and employer responsibilities.
25 September 2024
Closing Loopholes No.2 Legislation
EMPLOYEE & EMPLOYER DEFINITON REFORMS
The Fair Work Act 2009 (Cth) has been amended to include an interpretative principle for determining whether a person is an ‘employee’ or ‘employer’ for the purposes of the Act.
This change means the real substance, practical reality and true nature of the working relationship must now be considered in determining a person’s role within the Act.
25 September 2024
Closing Loopholes No.2 Legislation
INDEPENDENT CONTRACTOR CHANGES
From the 26 August 2024, the FWC can set fair minimum standards for ‘employee like’ workers that work for or through a digital labour platform.
Effective from the same date, the FWC can now resolve disputes relative to unfair contract terms for independent contractors in service agreements.
25 September 2024
Work Health and Safety Amendment
WORKPLACE HARASSMENT
From September 2024, Queensland employers will be required to proactively manage workplace sexual harassment. This change requires employers to consider individual or workplace characteristics that may increase the risk of workplace sexual harassment.
25 September 2024
Closing Loopholes No.2 Legislation
NEW RULES FOR ENTRY PERMITS AND EXEMPTION CERTIFICATES
From 01 July 2024, pursuant to the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024, registered organisations can now apply to the FWC for an exemption certificate, waiving the 24-hour notice requirement for entry to investigate suspected underpayments.
This can only be done where the commission is satisfied there is a suspected underpayment of wages affecting a member of the registered organisation, and the commission reasonably believes that advance notice of entry would hinder an investigation into the underpayment.
17 June 2024
Fair Work Commission
ANNUAL WAGE REVIEW DECISION 2023-24
The Fair Work Commission has handed down its decision on the 2023-24 Annual Wage Review. Resulting from the decision, the National Minimum Wage and the minimum wages under modern awards are set to increase by 3.75%.
This wage increase will take effect from the first full pay period on or after the 1 July 2024.
03 June 2024
General Retail Industry Award (GRIA)
THE CALCULATION OF PENALTY RATES WITHIN CLAUSE 16.6 (b)
The Fair Work Commission has varied the GRIA, favourably aligning with the ARA’s recommendations, by determining the penalty rate payable to an employee who starts work again without having had 12 hours off work is 200% of the employee’s minimum hourly rate.
This variation to clause 16.6 (b), with an operative date of 14 May 2024, removes complexity and uncertainty as to the calculation of the applicable penalty, providing much needed clarity for retailers.
08 May 2024
Fair Work Commission Rules 2024
PROCEDURAL RULES FOR THE COMMISSION
The Fair Work Commission Rules 2024 commenced on 27 March 2024, replacing the previous 2013 version. The rules outline the procedures and protocol that need to be followed by the Fair Work Commission when dealing with matters. The new rules differ from the previous rules in terms of useability, structure, and content.
08 April 2024
General Retail Industry Award (GRIA)
REMOVING AMBIGUITY IN CLAUSE 15.2 (c)
The Fair Work Commission handed down a decision replacing the term ‘establishment’ with ‘retailer’ in clause 15.2 (c) of the Award and inserting the phrase ‘on all days of the week’, aligning with recommendations put forth by the ARA in their application to vary the GRIA. These changes operate retrospectively from the 01 October 2020, enabling greater clarification of employer obligations and employee entitlements.
04 April 2024
Information Statement Mandate
CHANGES TO EMPLOYER OBLIGATIONS WHEN ON-BOARDING STAFF
From December 2023, employers must provide employees engaged on a fixed term contract with a copy of the Fixed Term Contract Information Statement (FTCIS). This document provides new staff with an overview of the new legislative rules related to fixed term employment arrangements.
04 April 2024
Closing Loopholes Legislation
INTRODUCING A NEW DELEGATES RIGHT AWARD TERM
The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 requires that all modern awards contain a ‘delegates right term’ by 30 June 2024. These changes mean that a person identifiable as a workplace delegate under the FW Act has new workplace rights and protections.
04 April 2024
Closing Loopholes (No.2) Legislation
INTRODUCING A RIGHT TO DISCONNECT AWARD TERM
The Fair Work Legislation Amendment (Closing Loopholes No.2) Act 2024 mandates that all awards include a ‘right to disconnect term’ with an effective date of 26 August 2024 for medium to large businesses or, 26 August 2025 for small businesses. These changes enable employees to conditionally have the right to disconnect from work communications.
04 April 2024
Hair and Beauty Award
CHANGES TO JUNIORS AND CASUAL PENALTY RATES
The Fair Work Commission has made changes to the Hair and Beauty Industry Award to make it clearer. These changes affect junior age descriptions and casual penalty rates.
These changes took effect from the first pay period on or after 31 December 2023.
28 February 2024
Closing Loopholes Legislation
NEW DISCRIMINATION PROTECTIONS
From 15 December 2023, employers cannot discriminate by taking adverse action against employees because they have been subjected to family and domestic violence.
16 January 2024
Closing Loopholes Legislation
SMALL BUSINESS WAGE COMPLIANCE CODE
By 1 January 2025, a Voluntary Small Business Wage Compliance Code will be established before the changes to criminalise wage theft take effect. Compliance with this Code means a small business won’t be prosecuted if they underpay their employees.
16 January 2024
Employee Authorised Deductions
NEW RULES COMMENCED
From 30 December 2023, new rules apply for employee authorised deductions from pay that are:
– either one-off or recurring
– or specific amounts or for amounts that change from time to time.
Awards and registered agreements can also allow for deductions from pay to be made in some circumstances.
16 January 2024
Closing Loopholes Legislation
INTENTIONAL WAGE THEFT
From 1 January 2025, intentional underpayment of wages, allowances and superannuation will be criminalised. Safe harbour provisions apply for small business who adopt a voluntary compliance code.
18 December 2023
Closing Loopholes Legislation
LABOUR HIRE ARRANGEMENTS
From 15 December 2023, the FWC will be given new powers to make orders covering labour hire arrangements between businesses. Where a labour hire order is in place, businesses may face additional administration costs.
18 December 2023
Closing Loopholes Legislation
UNION DELEGATES & RIGHT OF ENTRY
From 15 December 2023, union delegates will gain new workplace rights and protections. Employers will need to be aware of this change to avoid penalties for refusing or unduly delaying the entry of union officials.
18 December 2023
Respect@Work changes to Sex Discrimination Act
POSITIVE DUTY
From 12 December 2023, employers have a positive duty to prevent sexual harassment in the workplace, and the Australian Human Rights Commission has new powers to investigate and enforce compliance of employer obligations.
12 December 2023
Secure Jobs Better Pay Legislation
FIXED TERM CONTRACTS
New workplace laws about fixed term contracts came into effect on Wednesday, 6 December 2023. Employers will also have to give employees they’re engaging on new fixed term contracts a Fixed Term Contract Information Statement.
05 December 2023
Secure Jobs Better Pay Legislation
BARGAINING AND AGREEMENT MAKING
The Fair Work Commission has developed a range of tools, information and resources to help navigate changes to enterprise bargaining and agreement making that come into effect on Tuesday, 6 June 2023.
23 March 2023
Secure Jobs Better Pay Legislation
SEXUAL HARASSMENT
New laws prohibiting sexual harassment in connection with work came in effect in March 2023. The changes mean that sexual harassment in connection with work is prohibited, that there are more protections against sexual harassment and that regulators have new powers in relation to sexual harassment protections.
23 March 2023
Secure Jobs Better Pay Legislation
PAY SECRECY
New workplace laws about pay secrecy came into effect in January 2023. The new laws give employees the right to share (or not share) information about their pay and ban pay secrecy terms in employment contracts and other workplace instruments.
12 January 2023
Family and Domestic Violence Leave
SCHEME COMMENCEMENT
New laws providing employees with 10 days of paid family and domestic violence leave every 12 months come into effect from:
February 2023 (business with more than 15 employees) and
August 2023 (for all other businesses)
12 January 2023
