13/08/2021

Are you within the Priority Sectors that Fair Work are concentrating on?

The Fair Work Ombudsman has announced their priorities for the coming 12 months. They are closely monitoring certain industries and workplace issues to ensure employers are doing the right thing by their people.

The priority industries and issues include:

  • Fast Food, Restaurants and Cafes
  • Horticultural
  • Contract Cleaning
  • Franchise Arrangements
  • Sham Contracting
  • Large Corporate Underpayments

Below we explain what each of these issues are and how you can ensure you are protecting your business from being exposed.

Sham Contracting

Is when an Employer engages an individual to work for them under an Independent Contractor arrangement when in fact the individual is considered to be an employee.  For more information on the difference between a contractor v an employee please see our Fact Sheet.

Underpaying Employees

The media are not shy with coming forward on businesses underpaying their employees. There is a massive crack down on large corporations being found to be underpaying their employees. Underpayments are not necessarily always intentional. We find many employers are simply unfamiliar with the complexities that comes with interpreting Modern Awards specifically around pay conditions.  Our advice to you is that if you are in doubt, seek professional help and ask for some guidance to ensure that your people are paid correctly.

Franchise Agreements

Franchise Agreements are forever changing and ensuring they are aligned with your obligations under the Fair Work Act, is critical to ensure nothing is missed. Providing your network with the appropriate tools and equipment to support their obligations, is what they are looking at. If in doubt seek professional advice to ensure your documents and processes are current and within compliance, as stated within the Franchising Code of Conduct and Fair Work Act.

Fast Food, Restaurants, Cafes, Horticultural and Contract Cleaning

These industries are ones that the Fair Work Ombudsman is honing down on. These industries seem to sway against the rules (intentionally or unintentionally). If you operate a business in one of these industries, we recommend you reach out to review your employment obligations to ensure they are in line with the Fair Work Act and associated Modern Award.

We encourage employers to take a proactive approach and check all processes and documents are up to date and compliant. If in doubt, contact Now Actually to see how we can guide you.  Not taking any action may place your business at risk and cost you thousands of dollars trying to rectify the issue that may arise from taking NO Action.