Homepage Harwood Andrews Lawyers newsroom

Warning to avoid inadvertent breach of federal workplace laws

Announcement posted by Harwood Andrews Lawyers 16 Sep 2011

The Fair Work Ombudsman (FWO) has issued a warning to employers to check their workplace agreements to ensure that they are not inadvertently breaching Federal workplace laws.

The warning follows an investigation by FWO of Coles supermarkets and Coles’ admission that it inadvertently breached one of the ten National Employment Standards (NES) prescribed by the Fair Work Act when it transferred a pregnant employee from her position as a fresh produce manager to a ‘safe job’ as a service assistant, paying $67.40 less per week. The transfer was made in accordance with Coles’ collective agreement, made before the introduction of the NES, which provided that a pregnant employee ‘may be transferred to a safe job at the rate and on the conditions attached to that job with no other change to the team member’s terms and conditions of employment’.

The National Employment Standards provide that a pregnant employee with at least 12 months of service who is unable to continue working in her existing position because of illness or risks associated with her pregnancy or hazards connected with her position must be transferred to an available appropriate safe job with no change to her terms and conditions of employment (including remuneration). If no appropriate safe job is available, the employee is entitled to paid leave.

As a result of its admitted breach of the Fair Work Act, Coles has entered into an enforceable undertaking with the FWO which requires it to:

1.Reimburse pregnant employees found to have been underpaid as a result of the agreement;
2.Post a notice in all of its stores about the rights of pregnant employees;
3.Provide training to supervisors on company obligations to pregnant employees; and
4.Donate $20,000 to Jobwatch Australia to fund educational activities for pregnant employees.

Coles’ unwitting breach serves as an example of the potential risk employers’ face where their employment agreements or policies have not been reviewed for compliance with the Fair Work Act.

Harwood Andrews Lawyers can provide professional legal assistance with workplace relations please contact Harwood Andrews Lawyers Workplace Relations team for further information on how to avoid inadvertant breach of federal workplace laws or any other workplace relations information.

info@harwoodandrews.com.au
1800 552 018