OMBUDSMAN – AUSTRALIA

Unfair dismissal: retreat over pay

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Original article by Ewin Hannan
The Australian – Page: 2 : 7-Aug-19

Small Business and Family Enterprise Ombudsman Kate Carnell says the Small Business Fair Dismissal Code is "ambiguous and open to interpretation". She adds that small businesses would be in a better position to comply with the code if ambiguous language were removed. Carnell has also argued the case for the Fair Work Commission to establish a small business division, although she now favours reviewing the maximum compensation for unfair dismissal after a revised code has been operating for at least 12 months.

CORPORATES
AUSTRALIA. OFFICE OF THE AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN, AUSTRALIA. FAIR WORK OMBUDSMAN, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIA. DEPT OF EMPLOYMENT, SKILLS, SMALL AND FAMILY BUSINESS

Celebrity chef underpayments triple to $7.8m

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 8 : 19-Jul-19

The Made Establishment restaurant business of celebrity chef George Calombaris will pay staff more than $7.8 million in back pay under an agreement with the Fair Work Ombudsman. The amount is more than triple the $2.6 million that Made Establishment had estimated in 2017 that it might owe, while it will also pay a fine of $200,000. Unions have criticised the modest fine, while Hospo Voice union leader Orlaith Belfrage, who worked for Calombaris’s Hellenic Republic restaurant, says he should be taken off reality-TV program ‘Masterchef’.

CORPORATES
MADE ESTABLISHMENT PTY LTD, AUSTRALIA. FAIR WORK OMBUDSMAN, HOSPO VOICE

Watchdog to get tough over worker rip-offs

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Original article by Ewin Hannan
The Australian – Page: 5 : 3-Jun-19

Fair Work Ombudsman Sandra Parker says the agency will make greater use of enforcement tools as part of its crackdown on employers that underpay their staff. Parker adds that businesses which self-report non-compliance to the FWO should also expected to face penalties, noting that there has been an increase in self-reporting in recent times. Meanwhile, Parker has identified sectors such as fast-food restaurants, cafes, horticulture and franchising as priorities for the FWO in 2019-20.

CORPORATES
AUSTRALIA. FAIR WORK OMBUDSMAN

Bad bankers to be named and shamed

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Original article by Jeff Whalley
Herald Sun – Page: 26 : 1-Nov-18

Australian Financial Complaints Authority CEO David Locke says the new agency expects to handle 55,000 complaints from consumers and small businesses in its first year. The AFCA has been formed via the merger of the Financial Ombudsman Service, the Superannuation Complaints Tribunal and the Credit & Investments Ombudsman. Locke says he will be more open to "naming and shaming" wrongdoers in the financial services industry than the FOS, noting that the latter was restricted to doing so in annual reports. The number of complaints received by the FOS rose by 10 per cent during its last year of operation.

CORPORATES
AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY, FINANCIAL OMBUDSMAN SERVICE LIMITED, AUSTRALIA. SUPERANNUATION COMPLAINTS TRIBUNAL, CREDIT AND INVESTMENTS OMBUDSMAN, AUSTRALIA. ROYAL COMMISSION INTO MISCONDUCT IN THE BANKING, SUPERANNUATION AND FINANCIAL SERVICES INDUSTRY

Extensive raids reveal wage theft

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Original article by Anna Patty
The Sydney Morning Herald – Page: 11 : 12-Jul-18

An investigation by the Fair Work Ombudsman has found a high incidence of wage exploitation in the Illawarra region of New South Wales. The FWO raided businesses across the region in the wake of revelations by "The Sydney Morning Herald" that workers – including university students – were being underpaid. The FWO probe also found that many businesses have failed to comply with record-keeping requirements.

CORPORATES
AUSTRALIA. FAIR WORK OMBUDSMAN, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, AUSTRALIAN LABOR PARTY, UNIVERSITY OF WOLLONGONG

Workplace ombudsman fights for second term, despite critics

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Original article by Ewin Hannan
The Australian – Page: 6 : 16-May-18

The federal government has advertised the position of Fair Work Ombudsman, but incumbent Natalie James is keen to continue in the role. She says the FWO has secured record penalties during her initial five-year term, which expires in July. Labor’s Brendan O’Connor says the role of FWO should be given to someone whose priority is combatting the exploitation of workers, rather than an "anti-worker warrior". James was appointed by the former Labor government.

CORPORATES
AUSTRALIA. FAIR WORK OMBUDSMAN, AUSTRALIAN LABOR PARTY, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, ACTU, AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED)

Funding cut setback for enforcing wage laws

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Original article by Anna Patty
The Sydney Morning Herald – Page: 13 : 10-May-18

The May 2018 Budget has allocated $A110.009m in funding to the Fair Work Ombudsman in 2018-19, down from $A110.46m in 2017-18. However, the Registered Organisations Commission’s funding has been increased by $A8.1m. Labor’s workplace relations spokesman Brendan O’Connor has criticised the Federal Government for providing additional funding for the "disgraced" ROC rather than addressing the issue of rampant wage theft. The University of Adelaide’s Professor Andrew Stewart has expressed similar concerns.

CORPORATES
AUSTRALIA. FAIR WORK OMBUDSMAN, AUSTRALIA. REGISTERED ORGANISATIONS COMMISSION, AUSTRALIAN LABOR PARTY, UNIVERSITY OF ADELAIDE, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, UNIVERSITY OF SYDNEY, 7-ELEVEN STORES PTY LTD, DOMINO’S PIZZA ENTERPRISES LIMITED – ASX DMP, CALTEX AUSTRALIA LIMITED – ASX CTX

Fair Work slams Caltex franchise model

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Original article by Adele Ferguson
The Australian Financial Review – Page: 13 & 18 : 5-Mar-18

Service station operator Caltex Australia advised in the week ending 2 March that it will abandon the franchise model for its outlets. Its announcement preceded a rather damning report into its franchise model by the Fair Work Ombudsman, with an audit finding that 76 per cent of franchised Caltex stores it examined were exploiting their staff. Fair Work Ombudsman Natalie James says that in light of its report, she is not surprised by Caltex’s decision to exit franchising.

CORPORATES
CALTEX AUSTRALIA LIMITED – ASX CTX, AUSTRALIA. FAIR WORK OMBUDSMAN, DOMINO’S PIZZA ENTERPRISES LIMITED – ASX DMP, 7-ELEVEN STORES PTY LTD, RETAIL FOOD GROUP LIMITED – ASX RFG, PIZZA HUT AUSTRALIA, UNITED PETROLEUM PTY LTD

Fuel industry on notice over underpayment

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Original article by Anna Patty
The Age – Page: 15 : 14-Sep-17

Fair Work Ombudsman Natalie James has signalled that petrol retailers will attract further scrutiny over wage exploitation concerns. James will single out Caltex Australia in a speech on 14 September, noting that unlike 7-Eleven it has not worked with the FWO in establishing a compensation fund for underpaid employees. James adds that the FWO will issue a compliance report on Caltex in coming months, and notes that Fair Work inspectors have found similar issues to those that emerged at 7-Eleven.

CORPORATES
AUSTRALIA. FAIR WORK OMBUDSMAN, CALTEX AUSTRALIA LIMITED – ASX CTX, 7-ELEVEN STORES PTY LTD

PM urged to decide on Finkel

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Original article by Joe Kelly
The Australian – Page: 5 : 20-Jun-17

Council of Small Business of Australia CEO Peter Strong says many firms in the sector will collapse and jobs will be lost unless the Federal Government acts quickly on the Finkel review’s recommendations on energy policy. He says the Council of Australian Governments should hold an emergency meeting to discuss the findings of the review. Strong will release COSBOA’s energy policy on 20 June. The Small Business & Family Enterprise Ombudsman, Kate Carnell, has called for bipartisan political support for action on energy security.

CORPORATES
COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED, AUSTRALIA. OFFICE OF THE AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN, COUNCIL OF AUSTRALIAN GOVERNMENTS, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, AUSTRALIA. OFFICE OF THE CHIEF SCIENTIST