WAGES – RETAIL TRADE EMPLOYEES – AUSTRALIA

Minimum-wage sting in Coles penalties deal

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Original article by Ewin Hannan
The Australian – Page: 1 & 4 : 19-Sep-17

A draft enterprise agreement between Coles and the Shop, Distributive & Allied Employees’ ­Association is intended to guarantee that all employees will be paid more than the award rate for the retail industry. If the deal is approved, permanent ­employees who work at night and on weekends will receive award-level penalty rates, as well as the full $A22.10-per-week increase in the minimum wage. However, employees who work solely on weekdays and are now paid above-award rates will receive only 50 per cent of the minimum wage rise.

CORPORATES
COLES SUPERMARKETS AUSTRALIA PTY LTD, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIA. DEPT OF EMPLOYMENT

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

Pay shake-up looms for nation’s retailers

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Original article by Robert Gottliebsen
The Australian – Page: 29 : 6-Sep-17

The majority of large Australian retailers have union-endorsed enterprise agreements, but grocery giant Coles is widely tipped to abandon its disputed workplace agreement in favour of the industrial award system, a move that is likely to be followed by other retailers. Coles employees who are on weekend shifts would receive a pay rise, although staff who only work on weekdays would face a pay cut unless Coles implements a "grandfathering" arrangement for existing employees. About 300,000 employees of large retailers would be affected if the awards system is widely adopted, as well as potentially a further 100,000 fast-food workers.

CORPORATES
COLES SUPERMARKETS AUSTRALIA PTY LTD, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, AUSTRALIAN LABOR PARTY, ACTU, AUSTRALIA. FAIR WORK COMMISSION, ALDI STORES SUPERMARKETS PTY LTD, MYER HOLDINGS LIMITED – ASX MYR, DAVID JONES LIMITED, BUNNINGS GROUP LIMITED, WOOLWORTHS LIMITED – ASX WOW, KMART AUSTRALIA LIMITED

Fears lingering over franchisors dodging new law

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Original article by Anna Patty
The Age – Page: 27 : 6-Sep-17

The Australian Government’s legislation to protect employees from being exploited is intended to increase the liability of franchisors for the illegal work practices of franchisees. However, Giri Sivaraman of law firm Maurice Blackburn warns that franchisors may try to circumvent the tougher regime by claiming that they had taken reasonable measures to combat wage theft. Higher financial penalties will apply for "deliberate and systematic" underpayment of wages, but the University of Sydney’s Stephen Clibborn cautions that this may be hard to prove.

CORPORATES
MAURICE BLACKBURN PTY LTD, UNIVERSITY OF SYDNEY, 7-ELEVEN STORES PTY LTD, AUSTRALIA. FAIR WORK OMBUDSMAN, CALTEX AUSTRALIA LIMITED – ASX CTX, DOMINO’S PIZZA ENTERPRISES LIMITED – ASX DMP

Union deals hit workers’ pay slips

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Original article by Ewin Hannan, Sofia Gronbech Wright
The Australian – Page: 1 & 6 : 4-Sep-17

Analysis by the Department of Employment suggests that workers in the retail and fast-food sectors would need to work for up to 50 hours during the week to offset the impact of lower Sunday penalty rates in union-backed enterprise agreements. Employment Minister Michaelia Cash says the analysis refutes claims by unions and the Australian Labor Party that workers are compensated for lower weekend penalty rates via higher hourly pay rates during the week. However, the Australian Industry Group has questioned the validity of the analysis.

CORPORATES
AUSTRALIA. DEPT OF EMPLOYMENT, ACTU, AUSTRALIAN LABOR PARTY, THE AUSTRALIAN INDUSTRY GROUP, BIG W DISCOUNT STORES, DAVID JONES LIMITED, PIZZA HUT AUSTRALIA, McDONALD’S AUSTRALIA LIMITED, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION

Delay likely for small business waiting on penalty rate trade-off

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Original article by Ewin Hannan
The Australian – Page: 4 : 1-Sep-17

A proposal to allow smaller retailers and fast-food restaurants to scrap penalty rates and overtime pay in return for a 25 per cent increase in base pay has the support of Council of Small Business Australia CEO Peter Strong. However, the Fair Work Commission is not expected to consider permitting a trial of "loaded rates" before the second half of 2018. Strong says unions and employers’ groups that represent large companies are likely to object to the proposal, as many such companies have already traded off Sunday penalty rates in their enterprise agreements.

CORPORATES
COUNCIL OF SMALL BUSINESS ORGANISATIONS OF AUSTRALIA LIMITED, AUSTRALIA. FAIR WORK COMMISSION, ACTU, AUSTRALIAN LABOR PARTY, AEROCARE OPERATIONS PTY LTD, TRANSPORT WORKERS’ UNION

Steep fine for 7-Eleven boss over pay rort

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Original article by Sarah Danckert
The Age – Page: 11 : 25-Jul-17

A former Brisbane-based 7-Eleven franchisee has been fined $A168,000 by the Federal Court, following an investigation by the Fair Work Ombudsman into wage underpayment. Jim Chien-Ching Chang was found to have underpaid eight employees by almost $A20,000, with one employee found to have been underpaid by almost $A14,000. The court heard that Chang had admitted to paying staff as little as $A13 an hour at all times of the day.

CORPORATES
7-ELEVEN STORES PTY LTD, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK OMBUDSMAN, JS TOP PTY LTD

Coles ends bargaining over weekend rates

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 4 : 5-Jul-17

Grocery retailer Coles has opened negotiations with unions for a new two-year enterprise bargaining agreement. Coles has indicated that the new EBA will be based on the minimum employment conditions in the relevant industrial award. The Fair Work Commission terminated the existing EBA in 2016, as it included lower weekend penalty rates in return for higher base pay rates. Coles has advised that all employees will be paid at least the award rate at all times under the new EBA.

CORPORATES
COLES SUPERMARKETS AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK COMMISSION, SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION, THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES’ UNION, RETAIL AND FAST FOOD WORKERS’ UNION, WOOLWORTHS LIMITED – ASX WOW, BIG W DISCOUNT STORES, KMART AUSTRALIA LIMITED, TARGET AUSTRALIA PTY LTD, BUNNINGS GROUP LIMITED

Do you want a rise with that

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Original article by Lanai Scarr
The Advertiser – Page: 25 : 29-Jun-17

Modelling by the Australian Chamber of Commerce & Industry shows that the take-home pay of most workers in sectors such as retailing and hospitality will increase from 1 July, when Sunday penalty rates are reduced. The lower penalty rates – to be progressively phased in over three years – will be offset by a 3.3 per cent increase in the award wage rate, which also takes effect on 1 July. ACCI CEO James Pearson has urged unions to end their "deliberate" campaign of misinformation.

CORPORATES
AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, AUSTRALIA. DEPT OF EMPLOYMENT, ACTU, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIAN LABOR PARTY

National crosses floor to save penalty rates

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Original article by Joe Kelly
The Australian – Page: 4 : 21-Jun-17

The Australian Labor Party’s proposed change to the Fair Work Amendment bill has been defeated by one vote in the House of Representatives. Labor had sought to use legislation to overturn the Fair Work Commission’s decision to reduce weekend penalty rates for employees in the retail and hospitality sector. The Labor amendment was defeated 73-72 after Coalition backbencher George Christensen voted with the Opposition.

CORPORATES
AUSTRALIAN LABOR PARTY, AUSTRALIA. FAIR WORK COMMISSION, LIBERAL-NATIONAL PARTY OF QUEENSLAND