Workplace Relations

5 November 2024

The Fair Work Ombudsman (FWO) has updated the Fair Work Information Statement (FWIS) and the Fixed Term Contract Information Statement (FTCIS). The FWIS must be given to every new employee before, or as soon as possible after, they start their new job. Employers must also give a new casual employee a copy of the Casual Employment Information Statement (CEIS) at the same time. Additionally, employers must give every employee engaged on a new fixed term contract (such as an Intern) a copy of the FTCIS when they enter into the contract.

The CEIS must also now be provided to casual employees at the following times during the employment relationship:

• for small business employers (fewer than 15 employees by headcount) – after 12 months of employment,
• for other employers – after 6 and 12 months of employment, and then after every 12 months of employment.

The relevant Statement/s can be given in person, by mail, or electronically (in the case of the FTCIS, the employee must agree to receive it electronically). Members should ensure they use the current version of the relevant Statement, available at the links below.

• See FWIS
• See CEIS
• See FTCIS

If you have any questions or need advice or assistance, please contact the Guild’s Workplace Relations advisors to discuss your situation.

1 October 2024

If you plan to change opening and/or closing hours on a public holiday, then you must consult with your staff and give them notice of what is to happen.

If you want them to work on the public holiday, then you must specifically ask them to do so, even if the public holiday falls on their usual working day.

Under the National Employment Standards (NES), an employee who usually works on the public holiday is entitled to refuse the request by the employer to work if the refusal is reasonable. The request to work and each employee’s reply must be “in writing”, which includes paper, email and text; and you must keep a record of this agreement.

In the ordinary course of business, rosters allocating what times/days employees work their agreed number of hours can be changed with 7 days’ - or in an emergency 48 hours’ - written notice to the employee, but you cannot change the number of hours worked without mutual agreement.  Nor can a change be made to avoid an award entitlement, such as removing an employee from the roster on a weekend or public holiday to avoid having to pay the penalty rate.

If an employee is absent from work on a public holiday, either because the business does not open or the employee decides not to work, then they are paid their ordinary rate for the day based on the hours the employee would have normally been rostered to work for that day.  If an employee works on a public holiday, then they are paid the public holiday rate for the time worked (225% of the base rate for full-time and part-time employees, 250% for casuals or if it is overtime for a full-time or part-time employee).

If the time worked is less than their usual on the day because opening times have been reduced, then the employee is paid at the public holiday rate for the time actually worked, and the ordinary rate for the time not worked (unless there is mutual agreement for that time not worked on the public holiday to be worked on another day in the pay period).

If you have any questions or need advice or assistance, please contact the Guild’s Workplace Relations advisors to discuss your situation.

3 September 2024

The Fair Work Ombudsman (FWO) has updated the three Information Statements, including the Fair Work Information Statement (FWIS), which must be given to every new employee before, or as soon as possible after, they start their new job. Employers must also give a new casual employee a copy of the Casual Employment Information Statement (CEIS) at the same time. Additionally, employers must give every employee engaged on a new fixed term contract (such as an Intern) a copy of the Fixed Term Contract Information Statement (FTCIS) when they enter into the contract.

The CEIS must also now be provided to casual employees at the following times during the employment relationship:

• for small business employers (fewer than 15 employees by headcount) – after 12 months of employment,
• for other employers – after 6 and 12 months of employment, and then after every 12 months of employment.

The relevant Statement/s can be given in person, by mail, or electronically (in the case of the FTCIS, the employee must agree to receive it electronically).

• See FWIS
• See CEIS
• See FTCIS

If you have any questions or need advice or assistance, please contact the Guild’s Workplace Relations advisors to discuss your situation.

23 August 2024

Employees will have the workplace right to refuse contact outside their rostered working hours unless that refusal is unreasonable. This means an employee can refuse to monitor, read or respond to contact from an employer or a third party which relates to their work. The right also covers attempted contact outside of an employee’s working hours, e.g. an employee may not answer a phone call.

Several factors must be considered when determining whether an employee’s refusal is unreasonable. These include:

1. the reason for the contact;
2. how the contact is made and how disruptive it is to the employee;
3. whether the employee is compensated or paid extra for:
   1. being available to be contacted to perform work within a specific period, or
   2. working additional hours outside their ordinary hours of work;
4. the nature of the employee’s role and level of responsibility; and
5. the employee’s personal circumstances, including family or caring responsibilities.

Other matters may also be considered.

In pharmacy, reasons 1 (e.g. possible patient/prescription information or urgent request for an employee to work other than the scheduled roster) and 4 (e.g. a Pharmacist in charge or Pharmacist manager) would be likely to be important considerations.

An employer must not take adverse action (such as shift changes or reduction in the hours worked as a casual) against an employee because they refused to respond where that refusal was reasonable.  If such matters cannot be resolved in the workplace, the Fair Work Commission now has the power to ultimately arbitrate, if an application is made.

A new Clause 13A has been inserted into the Pharmacy Industry Award 2020 to facilitate this new employee entitlement.

If you have any questions or need advice or assistance, please contact the Guild’s Workplace Relations advisors to discuss your situation.

21 Aug 2023

Simon Fletcher is a true guru when it comes to managing underperformance in teams and, in this episode, will focus on just one tool of many - the Situational Leadership Model.

Simon has a ton of experience in leadership and knows the ins and outs of teamwork and motivation.

Level up your leadership skills as Simon shares practical strategies to tackle underperformance head-on and empower your pharmacy for success.

10 Jul 2023

Every pharmacist knows the importance of excellent patient care in pharmacy and the vital role pharmacists play in ensuring patient safety. However, something that is just as important is prioritising the well-being and professional growth of your pharmacy staff.

Joining us in this episode is Lucinda Marks, managing partner at Capital Chemist Calwell and one of the finalists for the Guild Pharmacy of the Year Award in 2023. When it comes to staff, Lucinda and her co-partners know that actions speak louder than words.

Capital Chemist Calwell has implemented various measures to enhance the work-life of their employees, including unlimited annual leave, work-from-home trials, and regular one-on-one meetings.

If you ever have the opportunity to visit Capital Chemist Calwell, you will see firsthand what a difference it makes to have empowered and happy staff.

By investing in the well-being and growth of their employees, they have created a workplace where everyone can thrive – patients and staff alike.

12 Jun 2023

When it comes to people management, there might be nothing worse than turning a blind eye and hoping the problem will ‘just go away.’

Our guest today, James Judge, provides practical tools, advice and solutions to address the more ‘curly’ challenges that can arise with staff, in the workplace.

James is an experienced people manager, and director of a consultancy aimed at helping businesses and organisations build stronger teams. He’s very well placed to share some of the tools from his toolkit, to help you, listeners, gain a little more confidence when it comes to doing just that.

In today’s episode, we look at some of the most common workplace issues, emerging trends and most importantly, how to nip the most common workplace issues in the bud, so you can keep yourself – and your staff – in the best shape possible for your business to thrive.

06 Feb 2023

This episode is an important one for anyone undergoing a significant life change or managing those who are. Whether it’s yourself, your colleagues, or your employees, this episode will provide valuable information to help you navigate the change, and all that comes with it.

Vanessa Miles, a psychologist and senior consultant at Transitioning Well, and Georgie Chapman, employment lawyer and partner at HR Legal, join us to venture into the frameworks and requirements that need to be in place to support employees during one of life’s major transitions, parenthood, as well as what you can do to make sure you and your employees are prepared.

Transitioning Well is a national team of psychologists working with Australian companies to help employees manage the messy intersections between life and work. Transitioning Well supports those experiencing any kind of significant life change, however that might look.