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Beware new provisions for failing to confirm right to work in Australia
Recent amendments to the Migration Act 1958 (the Act) have introduced new offences which can give rise to civil and criminal liability for body corporates, individuals, executive officers and labour suppliers who fail to confirm whether or not the people they engage are legally permited to work in Australia. New offences and contraventions Under the amendments it will be an offence or a contravention to: Allow or continue to allow an unlawful non-citizen to work; Allow a lawful non-citizen to work in breach of a work related Visa condition; Refer a worker for work with another when the worker is an unlawful non-citizen; Refer a worker for work with another where the referral would put the worker in breach of a Visa work related condition; and Commit aggravated offences by allowing an unlawful non-citizen or referring an unlawful citizen to another for work in the knowledge that the worker will be exploited while doing that wor...
8 May 2013Dismissal for refusing urine test upheld
The following article summarises the Fair Work Commission's (the FWC) recent decision confirming that, in certain circumstances, a refusal by an employee to undertake a drug/ alcohol test is conduct sufficient to justify termination of employment. Background Mr Briggs commenced employment with AWH Pty Ltd (AWH) in January 2011 as a casual stores officer. Mr Briggs was subsequently employed in a full time position in August 2012. On each occasion, Mr Briggs accepted an offer of employment which included specific provisions requiring him to: be familiar with all AWH policies, observe all lawful directions, orders, instructions and policies of AWH; ensure that he was free from the effects of any drugs at all times whilst carrying out his duties; and comply with any requirement to undertake a medical examination and/or drug test to determine his fitness for work. On both occasions, Mr Briggs also attended an induction during which A...
17 April 2013Unpaid work new focus of Fair Work Ombudsman
The Fair Work Ombudsman (FWO) has announced a focus on unpaid work experience arrangements. A report commissioned by the FWO [click here] has found that unpaid trial work, unpaid internships and other forms of unpaid work experience arrangements are a growing feature within the Australian labour market. Examples include: requiring persons (particularly young workers) to undertake unpaid job trials or training beyond that required to ascertain their suitability for the position; or unpaid internships - that is, unpaid work experience arrangements which may or may not form part of a vocational placement. The report highlights that unpaid internships are prevalant in many professional industries where graduates outweigh the job opportunities available such as the areas of media, legal services, advertising, marketing, PR and event management. The Fair Work Ombudsman, Nick Wilson stated: "There are many quite legitimate work-base...
13 February 2013