Sexual Harassment in the Workplace – What do employers need to know?

Paris Lynch                        

Employee Relations Officer

What is sexual harassment?

A number of high-profile sexual assault and harassment claims have been dominating the media headlines across Australia in recent months. Drawing attention to this crucial issue is a reminder for employers to have appropriate policies and procedures in place to deal with allegations of sexual harassment in the workplace. The Sex Discrimination Act 1984 (Cth) describes sexual harassment as any unwanted or unwelcome sexual behaviours, where a reasonable person, would have felt humiliated, offended or intimidated. This means, even if the conduct was intended innocently, or there was a belief there was a mutual attraction, if the other party found the conduct offensive or undesirable, it may constitute sexual harassment. Common examples can include but are not limited to:

  • unwelcome touching;
  • staring;
  • suggestive comments or jokes;
  • intrusive questions about someone’s sex life or body;
  • emailing inappropriate or explicit images to work colleagues; or
  • displaying images of a sexual nature around the workplace.

What is vicarious liability?

Employers can be held legally responsible for sexual harassment in the workplace, this is known as vicarious liability. An employer may not be held liable for such incidents, however, if they are able to demonstrate they have taken all reasonable steps to prevent the conduct occurring in the workplace. For example, in the Von Schoeler v Boral Timber[1], the employer was found to be vicariously liable and ordered to pay damages to a female employee, on the basis that they had not taken all reasonable steps to prevent the sexual harassment from occurring. In the Federal Court decision, the employer argued that as they had a “Working with Respect” policy and had provided refresher training on sexual harassment before the incident occurred, and they had taken all reasonable steps. The Court, however, disagreed with this argument finding the training provided to employees only defined what sexual harassment was and did not inform employees that sexual harassment is unlawful. Additionally, the Court found the employer’s “Working with Respect” policy failed to state employees would be subject to disciplinary action if they were found to have engaged in sexual harassment activity.

What should employers do if an employee makes a complaint of sexual harassment?

All employers should have a sexual harassment policy in place, that outlines the complaints and disciplinary process for managing sexual harassment complaints in the workplace. Ideally, a business should have a dedicated “Sexual Harassment Officer”, as the first point of call for an employee to make a sexual harassment complaint. Alternatively, if the business is not able to have a dedicated Sexual Harassment Officer, the Human Resources department or the relevant manager, can be responsible for receiving such complaints.

If an employee or relevant third party complains of sexual harassment, it should be taken very seriously, and a formal investigation should be carried out. The investigation process should involve:

  • obtaining clear details regarding the alleged incident or incidents;
  • interviewing the individuals and any witnesses involved; and
  • reviewing any relevant evidence that support or deny the allegation, such as CCTV footage.

It is crucial to maintain procedural fairness during the investigation process. In some cases, it may not be appropriate for employers to conduct the investigation themselves. In such instances, employers should consider engaging an independent third party to carry out the process. Conducting a procedurally fair investigation may also assist employers in any subsequent claims that may arise. For more information on how CCIWA can assist you with an investigation, please contact the Employee Relations Advice Centre on 08 9365 7660.  

How can employers prevent sexual harassment occurring in the workplace?

There are a number of steps employers should take to prevent sexual harassment in the workplace. These include, but are not limited to;

  • having a sound sexual harassment policy in place, and:
    • clearly communicating to employees what sexual harassment is;
    • how, and to who, they can make a complaint; and
    • what the potential consequences are for breaching the policy.
  • conducting training sessions for new and existing employees on the policy;
  • ensuring managers are trained in how to handle complaints of sexual harassment; and
  • swiftly investigating any claims of sexual harassment.

Any changes to the company sexual harassment policy should be communicated to all employees and relevant parties.

If your business does not currently have a sexual harassment policy in place, or you need assistance developing sexual harassment training, contact CCIWA’s Employee Relations Advice Centre team on 9365 7660 or email advice@cciwa.com


[1] Von Schoeler v Allen Taylor and Company Ltd Trading as Boral Timber (No 2) [2020] FCAFC 13

MITA Review is Coming Up, are your Contracts up to Date?

Justin Lillyman

Senior Associate Workplace Relations

If you employ salespeople on a commission-only basis, you will need to carefully review your obligations and take appropriate action as required.

The Real Estate Industry Award 2020 requires that every 12 months (from 2 April 2021 onwards), a commission-only employee’s performance must be assessed against the minimum income threshold amount (MITA) by their employer.

The MITA is the amount of gross commission (before tax) that a commission-only employee must receive from their property sales during the period (excluding superannuation payments) to enable them to continue on a commission-only basis.

For the review period ending 1 April 2021, the MITA is $57,044. This amount cannot be pro-rated for part-time employees.

Due to the COVID-19 pandemic, changes were made to the MITA which has meant that the months between May and October 2020 can be disregarded from any commission-only MITA review.

This means, that the MITA can be reduced to a potential minimum amount of $28,522 for the period ending 1 April 2021.

Where a commission-only agent fails their annual MITA review, the employer has two options:

  • Immediately move the agent to a salaried arrangement – This means the agent is entitled to receive a minimum award wage, allowances and other entitlements. An agreed commission structure may be included in the arrangement, though this isn’t mandatory.
  • Take steps to terminate the employment – A commission-only agent can be terminated where they fail an annual MITA review, but only after following a formal performance management process. If an employer terminates the agent without conducting this process, then terminating their employment will carry significant risk; for example a potential unfair dismissal claim.

If you require any assistance with the MITA review as well as managing of employees please contact REEFWA on 9365 7510 and you will be able to speak directly with an employee relations consultant.

Make April the Time to Review your Employee’s Contracts of Employment

Justin Lilleyman

Senior Associate Workplace Relations

Sometimes employers are unaware that their employment contracts do not provide the business with enough protection, and, when this is discovered, employers don’t have a mechanism to require employees to sign a new, improved employment contract.

Lets make April the time to review your employee’s contracts of employment.

It is also perfectly acceptable for employers to make any potential pay increases or additional benefits subject to the employee signing a new employment contract. From the employer’s perspective, implementing new employment contracts have the following potential benefits:

  • clarifying employee obligations where there appears to be lack of clarity in practice
  • increasing the employer’s flexibility to change position titles, reporting lines, location and hours of work
  • ensuring confidentiality and intellectual property is protected
  • ensuring compliance with Awards and National Employment Standards (e.g. providing that domestic violence leave now applies)
  • clarifying important renumeration details such as annual salaries or casual loadings, offsetting other entitlements
  • removing unlawful terms (e.g. deduction from wages)
  • improving the enforceability of post-employment restrain

If you require any assistance in reviewing your contracts of employment, please contact REEFWA on 9365 7510 and you will be directed to a lawyer who will be able to discuss with you various options available to you.

Work Health & Safety Act 2020

Matt Butterworth

Safety & Risk Consultant

Western Australia has joined New South Wales, Queensland, South Australia, the Northern Territory and Tasmania in adopting new harmonised work health and safety (WHS) laws. The Work Health and Safety Act 2020 (WA) (the Act) passed through the Legislative Assembly on 3 November 2020. The Act  replaces the existing Occupational Safety and Health Act 1984 (WA) and imposes a primary duty of care requiring persons conducting a business or undertaking to reasonably ensure the health and safety of workers. While the Act has been passed it won’t come into full effect until the Work Health and Safety Regulations are proclaimed. The latest information is this could be in the latter part of 2021.

The Act is now available for public access and can be downloaded from the WA Government’s legislation website.

Industrial manslaughter offence – section 30A

The offence of industrial manslaughter – crime (section 30A) will apply a PCBU or officer engaging in conduct knowing the conduct is likely to cause death “or serious harm” to an individual. “Serious harm” is defined as illness or injury that endangers (or is likely to endanger) the individual’s life, or results (or is likely to result) in a permanent injury or harm to the individual’s health. The industrial manslaughter – crime offence carries the potential imprisonment term for up to 20 years and a fine up to $5,000,000 for an individual or person conducting a business or undertaking (PCBU) and up to $10,000,000 for a body corporate.

Category one offence – section 31

Importantly, it seems that the Category one offence under section 31 will be more onerous than in other jurisdictions. This is because it does not include any element of recklessness or gross negligence, which is a key element of the offence in other jurisdictions with the model WHS Act.

In brief, if a PCBU fails to comply with their duty of care and this failure causes the death of, or “serious harm” to, an individual, they will face a potential penalty if charged with a Category one offence of five years imprisonment and $680,000 (for an individual) or $3,500,000 penalty for a body corporate. Recklessness or gross negligence will not be relevant.

How does this affect REEFWA members?

All ‘persons conducting a business or undertaking’ (PCBUs) and their officers should familiarise themselves with the Act, especially the new industrial manslaughter offence. The PCBU will effectively replace the ‘employer’ label under the current Occupational Safety and Health Act. Officers in particular should ensure they understand their obligations with respect to the PCBU’s WHS duties and officer due diligence.

Dangerous work environments are inherent to certain industries, but REEFWA employers should bear in mind that even low risk industries need proper safety frameworks in place. Workplace bullying and harassment constitute risks to health and safety and these risks arise in all organisations.

With a few months before the new legislation takes effect, now is the time to review your risk management systems, training regimes and occupational health and safety policies. It is important to note that REEFWA members have access to a Health and Safety policies and procedures manual via the REEFWA website which can be customised to your business.

Directors and key managers should have a thorough understanding of their personal duties and ensure that their business is compliant with the WHS Act

How can CCIWA help?

Health and Safety Check-up just $199.00 (ex GST) Price applicable to Perth metro and Peel regions only. Travel costs will apply to agencies outside this region.

Ideal for REEFWA members with limited time and safety resources, this check-up involves our experienced safety practitioners conducting a physical inspection of your workplace and providing safety advice and recommendations based on their findings.

If you would like to know more about your obligations and what the WHS Act means for your business, contact one of CCIWA’s specialist safety practitioners at osh@cciwa.com

Drug & Alcohol testing in the workplace

Paris Lynch                

Employee Relations Officer

Employers have a duty of care to provide and maintain a safe working environment, so far as is reasonably practicable. This duty of care extends to the usage of drugs and alcohol in the workplace. Workers, including employees and contractors, who attend the workplace, under the influence of drugs and/or alcohol, could place others in harm’s way. It is important for employers to have an effective drug and alcohol policy to maintain this duty, demonstrating a commitment to the safety and wellbeing of employees and workers. A drug and alcohol policy will differ depending on the industry in which the business operates in and the risks associated with the tasks workers are undertaking. It is important to take these factors into consideration before implementing a policy. Not having a policy, or having a policy that is not appropriate, may limit the businesses ability to manage workers who present to work under the influence of drugs and/or alcohol.

To learn more about what to include in a Drug and Alcohol policy, contact our Employee Relations Advice team by phoning (08) 9365 7660 or email advice@cciwa.com. If you would like access to a template Drug and Alcohol policy and other important pro-forma letters, you can purchase our Managing Drugs and Alcohol Kit here.

When do I test an Employee?

Drug and alcohol testing involves an intrusion into the privacy of an individual. However, case law has established that in some instances an intrusion into the privacy of employees is necessary. Testing for Drug & Alcohol use in Australian workplaces is not uncommon. And for some industries, it is required.

Before requesting employees to undertake drug and alcohol testing, they must be aware of the methods and types of testing required. This should be contained within the company’s Drug and Alcohol policy. Types of testing can include the following:

Pre-employment testing – generally conducted to determine whether an employee is fit for work prior to an offer of employment.

Pre-site visit testing – determining fitness for work prior to mobilising to a high-risk environment such as a mine site.

Random testing – drug and alcohol testing conducted on a random group of workers without advance notice.

For Cause testing – used when a worker is presenting behaviours suggesting the person may be under the influence of drugs and/or alcohol.

Certain methods may not be appropriate for all industries. For example, in a predominately office-based environment, conducting random testing may not be reasonable as the work carried out is not inherently dangerous.

It is important to conduct a risk assessment before deciding which method your business should include in the policy. This may be done in consultation with employees. The assessment should consider the tasks workers perform and the likely impact drug and alcohol use may have regarding safety.  The content of the policy will depend on the industry in which the business operates, and the risks associated with the tasks a worker undertakes. Our dedicated Safety and Risk team can assist with these assessments, phone (08) 9365 7660 for more information. 

Types of Testing

Common drugs that are detected in testing can include alcohol, amphetamines, benzodiazepines, opiates, cannabinoids, and cocaine. Testing for these substances can be undertaken using different types of tests, such as:

  • breath testing;
  • urine testing;
  • blood testing; and
  • saliva testing.

While the different testing types provide flexibility for employers, it is important to note some testing types are more reliable.

Screening and Confirmatory Tests

A screening test will establish whether a substance or suspected substance has been used. Where a screening test has generated a non-negative result, a confirmatory test should be undertaken. If the confirmatory test is negative, the employee can be directed to resume their normal duties. However, if an employer has good reason to believe the employee may not be fit for work, a further medical examination by a registered medical practitioner may be conducted.

Action following a positive result

The drug & alcohol policy should include the actions employers can take following a positive drug and/or alcohol test. When drafting the policy, the type of work, and working environment needs to be taken into consideration to establish the appropriate course of action. There is currently an increased focus on treating employees who are impacted by drugs and alcohol as having an illness, and recent decisions have shifted focus towards rehabilitation and support as opposed to disciplinary action.

However, depending on the severity and circumstances of the case, a breach of the Drug and Alcohol policy may warrant termination of employment. In the case of Robert Bennett v Viterra Operations Pty Ltd[1], the Fair Work Commission found a long-term employee had been fairly dismissed after he produced a blood alcohol sample that was double the limit in the company’s policy. This determination was based on the findings that the employee worked within a high-risk environment and that the company had applied its drug and alcohol policy consistently across the company. In some cases, dismissal will not always be appropriate and alternative actions should be considered.  

Need advice on a particular situation involving Drug & Alcohol testing? Contact CCIWA’s Employee Relations Advice Centre team on 9365 7660 or email advice@cciwa.com


[1] Robert Bennett v Viterra Operations Pty Ltd [2017] FWC 665

Have you checked your Employees Contracts lately?

As an employer it is important to consider reviewing and updating contracts of employment to ensure protection of commercial interests, reflect the changing circumstances of the employment and comply with evolving common law decisions regulating the law of employment.

Changes to the Modern Award

Over the past 5 years there have been a number of changes to the Real Estate Industry Award 2020 (Award) which have impacted on terms and conditions of employment that were previously applicable.

For example , the Award provisions previously permitted that commission-only employees could be paid their NES entitlements (e.g. annual leave and personal/carers leave) as part of their “all-up” commission rate.

Following a Full Bench decision in 2014, the Commission changed the Award provisions so that where a commission-only employee is employed on an all-up arrangement, the employee is entitled to be paid their NES entitlements when the leave is actually taken (rather than in advance as part of the commission payment).

Risks of Non-Compliance

If an employer fails to reflect relevant Award or legislative changes with their employee’s contracts of employment, non-compliance could result in significant financial implications for the company relating to underpayments. In addition, the company could be subject to legal proceedings resulting in possible penalty breaches of the Fair Work Act 2009 (up to $13,320 per contravention for an individual/director and $66,600 per contravention for the company).

What to do?

REEFWA continually reviews and amends the contracts of employment that are available to members, reflecting any Award amendments, legislative changes or significant legal decisions.

As the employment relationship is fluid and subject to significant changes over time, Employers should seriously consider reviewing and updating contracts of employment to ensure they are meeting all legislative and legal requirements in order to avoid possible financial ramifications and costly legal proceedings.

In order to assist you in reviewing and updating your employment contracts please contact REEFWA via email: ReefWA@cciwa.com or on (08) 9365 7510, where you will be put in touch with an experienced legal adviser who can discuss various options available to you.

Government Trainee Incentives

There is a raft financial supports for employers looking to take on a trainee or apprentice. The following outlines the key incentives for employers.

Supporting Apprentices and Trainees (SAT) subsidy: up to $7000 per quarter

Businesses will be able to access up to 50 per cent of a new apprentice or trainees wages worth up to $7000 per quarter from October 5, 2020, until September 30, 2021. The subsidy applies regardless of location, occupation, industry or business size. The program is capped at 100,000 places.

Apprentices and trainees need to be undertaking a Cert II or higher qualification and be engaged in a formally-approved training contract. It is available to both small and medium-sized businesses (with fewer than 200 staff), which had an apprentice in place as of July 1, 2020. If you are an employer with less than 20 employees you may be eligible to attain the wage subsidy for your apprentices that were active at March 1, 2020, for wages paid from January 1, 2020.

Jobs and Skills WA Employer Incentive: up to $8500

This incentive is available to employers of new trainees and apprentices. Like the Federal Government incentives, additional loadings may apply where you hire from a target group — such as Aboriginal Australians, those aged 21 to 30 years old, or undertaking qualifications on the so-called ‘State Priority Occupation — or living and working in regional WA. The subsidy can be claimed if your business is ineligible for payroll tax exemptions or Construction Training Fund grants. The apprentice must live and work in WA.

Jobactive grants: up to $10,000

Businesses may be eligible to receive a wage subsidy for employing someone registered with an employment service provider. The position must be 20+ hours per week and ongoing. The wage subsidy is available to employers who hire eligible mature-age (50 years and over), Aboriginal Australian, youth (15 to 29 years old), principal carer parent and long-term-unemployed job seekers

Assistance

In regard to any queries regarding the above government incentives, please contact Apprenticeship Support Australia on 1300 363 831.

New Safety Legislation Extends Beyond Employees

By Paul Moss

Principal Workplace Relations Advocate Policy

WA’s new work health and safety legislation will extend a businesses’ responsibilities to provide a safe workplace beyond its own employees, requiring all businesses to consider the wellbeing of others affected by their operation.

The Workplace Health and Safety Act 2020 (WHS Act) will bring our workplace safety laws broadly in line with the national framework that has been adopted in all other states and territories (with the exception of Victoria) since 2012.

At its simplest level, the WHS Act requires businesses to, so far as reasonably practicable, provide a safe workplace.  This is consistent with the core obligation under the existing Occupational Safety and Health Act 1984 (OSH Act).

However, the WHS Act extends this obligation beyond the employer and employee relationship and will require businesses to take reasonable steps to ensure the health and safety of contractors and their employees.

For the real estate industry, this raises a key question of how to manage contractors involved in the maintenance of rental properties.  For specialised contractors, such as electricians and plumbers, this obligation might be met by:

  • confirming the contractor has the necessary expertise and appropriate licences for the work;
  • verifying they have their own systems in place for carrying out work safely;
  • checking that they are carrying out work safely in accordance with their procedures;
  • raising any concerns, or taking action, where work is being carried out safely.

The biggest concern rests with smaller contractors that do not have their own safety policies and practices in places.  This will require real estate agents to have a greater level of oversight and control in the manner in which the contractor performs their work.

The WHS Act also requires greater consideration of the safety of clients and visitors, to ensure that the health and safety of others is not put at risk from work carried out as part of your business.

These changes will require most real estate businesses to consider a wider range of safety implications and adapt your policies to suit.

The new legislation will not take effect until the second half of 2021, with the supporting regulations still being developed.  REEFWA will provide members with further information on the impact of the new legislation over the coming months.

Managing Workplace Festive Events – What Employers Need to Know

The festive season is well and truly upon us, and for many employers, this means hosting events to celebrate the year that was, and what a year it has been. Whilst it is natural for employers to want to reward employees with an end of year event, there are often associated risks in doing so.

This article explores how employers can best prepare for, and manage employee behaviour during end of year functions to not only ensure a safe, enjoyable event for those attending, but could also to help protect the business against certain claims such as, but not limited to; workers compensation, sexual harassment, and discrimination. Employers should expect the best but prepare for the worst.

Anti-discrimination and workplace health and safety laws in Australia impose a duty of care on employers to ensure the health and safety of employees, not only whilst they are performing work, but also at events outside of work where there is a clear connection to the workplace. If an incident occurs at a workplace event, the scope of accountability can extend to not only the business but any individual who could be held reasonably responsible for the event, including directors and human resources. As a result, all reasonable steps must be taken toward ensuring the health and safety of employees, both physically and mentally, before a workplace event.

Case Examples

Sexual Harassment

In the case of Vegara v Ewin [2014] FCAFC 100 (12 August 2014), the respondent was found to have sexually harassed the applicant over several locations, the first of which was the office. The applicant had repeatedly sought to discourage the advances of the respondent and attempted to resolve the issues outside of the workplace at a nearby pub. In the preceding days, the pair attended a workplace event where the applicant became intoxicated, and following the event the pair engaged in what the applicant deemed as ‘unwanted sexual assault’. One of the main issues of the case was whether the ‘unwanted sexual assault’ occurred whilst ‘at work’. The Federal Court of Australia – Full Court found a reasonable connection to the workplace given the sexual advances initially begun within the workplace. The respondent appealed the decision however his appeal was later dismissed.

Workers Compensation 

For a claim to be compensable under workers compensation laws the incident would need to occur in the ‘course of employment’.  In the case of Campbell v Australian Leisure & Hospitality Group Pty Ltd & Anor [2015] ICQ 016 (29 May 2015), the employee attended a Christmas work party held near the Noosa river where food and drinks were supplied by the employer. Employees were not obligated to attend the event. A few hours into the event the employee dove into the Noosa River and sustained critical injuries. The employee, unfortunately, died as a result of the injuries. The injuries and resultant death were found to be non-compensable due to the lack of inducement by the employer regarding the action taken by the employee. The court outlined the action did not occur during the course of employment. The decision of non-compensable injury was upheld on appeal.

Reducing Risk of Reputational and Legal Liability

Reducing liability as an employer should be a key consideration when organising events. Implementing comprehensive company policies and procedures to establish appropriate behavioural expectations, both in the immediate setting of the workplace and at offsite work events, will help to prevent and reduce incidents from occurring. Consistent, thorough, and documented communication to employees about company policies and procedures is required to help protect employers from workplace related claims. A Workplace Events Checklist is provided below to assist with the finer details of risk prevention.

In cases where the preventative measures did not provide a catch-all, employers need to promptly and thoroughly investigate the resulting incident/s. For more information on how to prepare for the upcoming festive function or for advice on managing poor behaviour at such events, contact the CCI HR experts at the Employee Relations Advice Centre on (08) 9365 7660 or email advice@cciwa.com

A Workplace Functions Checklist has been uploaded into Templates and Forms section of the website. https://reefwa.com.au/templates-forms/

Abandonment of Employment

Andrew Emerson

Employee Relations Officer

When an employee has failed to present for work without adequate explanation or prior authorisation, an employer may assume that they have abandoned their employment. However, it would be unwise to believe this without consideration of the circumstances surrounding their absence and steps made to contact the employee.

Abandonment occurs when the employee has been absent from work without any communication as to the reason for their absences, and by way of conduct, has repudiated their employment. When considering whether an employee has abandoned their employment, the employer should take all reasonable steps to contact the employee and determine the employee’s reason for their absences and intentions regarding their return to employment. This is intended to rule out cases where, for example, an employee is in a situation where they are unable to contact the employer but has a valid excuse as to why they are absent. For example, if they are in hospital and unable to return or answer attempts to contact them, and have no one to contact their employer on their behalf.

Illustrative Example

The case of Bienias v Iplex Pipelines Australia Pty Ltd (the Iplex decision) illustrates the risks of jumping the gun in assuming the employee had abandoned their employment. Bienias, following a workplace investigation, took a period of unauthorised absence from their employment due to mental health. At the time, the Manufacturing and Associated Industries and Occupations Award 2010 (the Award) contained a provision which determined abandonment of employment as an absence that lasts at least 14 days where the employee is unable to “established to the satisfaction of their employer that they were absent for reasonable cause”.

While the employer tried contacting Bienias by phone, letter, and even organised a police welfare check, they could not establish contact and determined after the 14 day time frame that Bienias had abandoned their employment, in accordance with the Award), and Iplex Pipelines terminated their employment. The Full Bench of the Fair Work Commission took the view that Iplex was the party that moved to terminate the employment, not Bienias, and as such Bienias was unfairly dismissed from his employment.

Considerations

While the provisions for abandonment of employment were removed from modern awards, following the Iplex decision, the warning of rushing the abandonment process and action of terminating the employee, rather than accepting their repudiation is still relevant.

When an employer notices an employee has not shown for work (i.e on an unauthorised absence), the first objective of the employer should be to establish contact with the employee and determine the reason for their absence. This may be done through many forms available to the employer and may depend on what is the normal methods of contact including phone, email, contact to the next of kin, SMS, registered post to the employees’ last known address, and possibly police welfare checks.

An employer should also consider circumstances surrounding the absence such as if the employee was in an area with poor ability to contact the employer immediately before the absence. Each attempt by the employer to contact the employee should be documented and the employer should give the employee enough time to receive and respond to the attempt before any additional attempts.

If during the course of trying to contact the employee, the employee has established contact with the employer, the issue may change into a disciplinary matter when no valid reason is given for the absence.

Furthermore, employers should check for additional conditions that may need to be met in relevant awards, enterprise agreements, or other industrial instruments.

Managing employees on an unauthorized absence may be hard. It can be even harder determining when abandonment occurs. In either case contact CCIWA’s Employee Relations Advice Centre team on 9365 7660 or email advice@cciwa.com.

Please Note! – The Membership fees will pro-rata depending on the day you join, to get today’s rate please contact us on 9365 7510.