SBAAS October Fair Work Wrap-Up: Key Updates and Essential Takeaways for Small Businesses
As October draws to a close, Fair Work Australia has highlighted critical updates for employers, including preparations for the holiday season, key compliance cases, and new resources. For small businesses, staying on top of these developments can prevent costly missteps and strengthen workplace practices. This month’s updates include end-of-year entitlements, notable litigations, and tools to help employers meet their obligations. SBAAS is here to help you understand these changes and take action where needed.
Preparing for the Holiday Season: Entitlements and Penalties
The holiday season can be challenging for small businesses, especially with additional entitlements around public holidays, leave, and penalty rates. Fair Work has recently released guidelines to clarify employer obligations during this period, which is crucial for small businesses in the hospitality, retail, and service sectors.
Key points to note:
- Public Holiday Rates: Make sure you know the public holiday penalty rates relevant to your industry award, as these can vary.
- Annual Leave: Employees may request annual leave, and Fair Work expects that leave requests are only refused on reasonable grounds.
- Cashing Out Leave: Some employees may request to cash out annual leave if their award or agreement permits.
To help understand your obligations, SBAAS offers HR & IR Services to support small businesses in managing leave entitlements, penalty rates, and employee queries.
If you’d like personalised guidance, arrange an obligation-free call back with our team to discuss your situation.
Recent Litigations: A Reminder of Compliance Risks
October saw several Fair Work litigations against businesses that neglected fundamental compliance standards, particularly regarding underpayments, record-keeping, and employee protections. These cases are a timely reminder for small businesses to keep their HR practices up-to-date and legally compliant.
Key Cases and Lessons for Small Businesses:
- Wage Underpayments: High-profile cases involving Metisse, Landhaus Wines, and Clarke Allied demonstrate the penalties for failing to meet minimum wage requirements. Regularly reviewing wage rates and classifications ensures compliance and reduces the risk of unintentional underpayments.
- Record-Keeping Failures: Record-keeping lapses were highlighted in multiple cases. Small businesses should keep accurate records of hours worked, leave balances, and employee details. SBAAS can assist with HR Documentation and Record-Keeping to streamline these processes and ensure compliance.
- Employee Protections Against Coercion: The recent CFMEU and Shotter litigations underline the importance of a respectful, supportive workplace. Small businesses are encouraged to review workplace practices and maintain fair treatment standards to avoid coercion or adverse action claims.
If you’re concerned about potential risks, SBAAS can help you identify and address any compliance gaps.
Book an obligation-free call back with one of our consultants to discuss your specific situation.
Fair Work Annual Report Insights: Industry Focus and Compliance Gaps
Fair Work’s 2023-24 Annual Report identifies industries at higher risk of non-compliance, including hospitality, cleaning, and agriculture, where many small businesses operate. Frequent issues include underpayments and inadequate understanding of Fair Work requirements.
Takeaways for small businesses include:
- Stay Informed: Understanding your industry’s relevant awards and agreements is key. SBAAS offers HR Consulting Services that provide guidance on award interpretation and compliance.
- Conduct Self-Audits: Regularly reviewing your payroll and employee records can help identify issues before they become costly mistakes.
- Use Fair Work Resources: Fair Work’s free resources are invaluable tools to stay on top of pay and conditions, enterprise agreements, and more.
SBAAS can assist with compliance reviews and help you stay aligned with Fair Work standards, building a stronger, compliant workplace.
New Resources on Pay, Enterprise Agreements, and Bargaining
Fair Work recently released resources on understanding pay conditions, enterprise agreements, and bargaining processes. These materials are designed to assist small businesses in navigating their obligations and effectively engaging in enterprise agreements, if applicable.
If you’re considering enterprise bargaining or want to explore ways to align employee pay with Fair Work standards, SBAAS’s HR Consulting Services can guide you through each step, ensuring compliance and a smooth bargaining process.
Targeted Inspections and Industry-Specific Compliance
This month, Fair Work focused on inspections in industries with histories of underpayment and exploitation. In partnership with the Department of Home Affairs, inspections targeted Brisbane’s migrant workforce, while Manningham food and retail sectors were also assessed for compliance. These inspections reinforce Fair Work’s commitment to addressing issues in high-risk sectors.
If your business employs casual or migrant workers or operates in these targeted industries, ensuring compliance with Fair Work obligations is essential. SBAAS offers Employment Relations Services to help you build and maintain fair practices across your workforce, reducing the risk of fines and enhancing employee satisfaction.
Fair Work’s Enforcement Against Repeat Offenders
October’s updates reflect Fair Work’s zero-tolerance stance on repeat offenders, as seen in cases involving Brenton Gietzel and Gilling, where repeat breaches led to significant penalties. This is a stark reminder for small businesses to prioritise compliance and address any recurring issues.
Whether it’s payroll errors or inconsistent record-keeping, small lapses can become major risks if left unaddressed. SBAAS can assist you with ongoing compliance support, helping you establish reliable processes that prevent repeat violations and promote a compliant workplace.
Key Takeaways for Small Businesses
October’s Fair Work updates highlight the importance of proactive compliance, especially around holiday obligations, accurate record-keeping, and employee protections. SBAAS’s HR & IR Services are designed to help small businesses navigate these requirements and avoid common pitfalls.
In summary:
- Prepare for the Holiday Season: Review obligations around leave entitlements and public holiday rates.
- Audit Wage Rates and Records: Regular audits can ensure compliance with wage and record-keeping standards.
- Stay Informed with Fair Work Resources: Make use of Fair Work’s latest guidance on pay, agreements, and bargaining.
- Conduct Self-Audits: Regular checks can identify and resolve issues before they escalate.
- Create a Fair, Respectful Workplace: Prevent adverse action claims by fostering a supportive environment.
If you’re concerned about your compliance, SBAAS can provide tailored support. Book an obligation-free call back to discuss your business needs with one of our HR experts. By staying proactive and informed, small businesses can build compliant, resilient workplaces that support legal standards and employee well-being.
Eric Allgood
Eric Allgood is the Managing Director of SBAAS and brings over two decades of experience in corporate guidance, with a focus on governance and risk, crisis management, industrial relations, and sustainability.
He founded SBAAS in 2019 to extend his corporate strategies to small businesses, quickly becoming a vital support. His background in IR, governance and risk management, combined with his crisis management skills, has enabled businesses to navigate challenges effectively.
Eric’s commitment to sustainability shapes his approach to fostering inclusive and ethical practices within organisations. His strategic acumen and dedication to sustainable growth have positioned SBAAS as a leader in supporting small businesses through integrity and resilience.
Qualifications:
- Master of Business Law
- MBA (USA)
- Graduate Certificate of Business
- Administration Graduate Certificate of Training and Development
- Diploma of Psychology (University of Warwickshire)
- Bachelor of Applied Management
Memberships:
- Small Business Association of Australia –
International Think Tank Member and Sponsor - Australian Institute of Company Directors – MAICD
- Institute of Community Directors Australia – ICDA
- Australian Human Resource Institute – CAHRI
Fair Work Lessons-Avoiding Costly Compliance Mistakes
The MyCRA Lawyers case highlights non-compliance risks with Fair Work laws, even for businesses grounded in legal expertise. This case, involving unfair dismissal claims and covert workplace monitoring, serves as a wake-up call for small businesses.
The Fair Work Commission ruled against MyCRA Lawyers, determining that the legal assistant was an employee—not a contractor—and that the firm failed to follow procedural fairness in handling performance concerns. The firm’s covert surveillance practices raised additional privacy concerns, further undermining its position.
This case offers valuable lessons for employee classification, performance management, and workplace privacy. Small businesses can avoid similar pitfalls by implementing clear policies, ensuring compliance with privacy laws, and seeking expert advice on employment practices.
When Law Firms Fail: Cybersecurity Lessons Small Businesses Can’t Ignore
If the legal industry—trusted with sensitive client information—can fall victim to cyberattacks, what does that mean for small businesses? Learn the key lessons and steps to protect your business from costly data breaches.
2025, The Year Small Businesses Redefine Resilience and Innovation
In 2025, small businesses will face opportunities and challenges shaped by economic, technological, and geopolitical shifts. Adaptability will be key for thriving in this dynamic landscape, from managing inflation and interest rates to leveraging AI and tackling supply chain volatility.
Thriving Amid Trump’s Trade Shifts: A Guide for Aussie SMEs
As President Trump embarks on his second term, Australian small businesses must prepare for shifts in trade dynamics, currency fluctuations, and sector-specific impacts. Understanding these changes is crucial for strategic planning and resilience.
Case Study: Branding Bee Creative
Discover how SBAAS transformed Branding Bee Creative into a structured, growth-oriented photography business. From streamlined operations to data-driven pricing, learn how expert business coaching can drive sustainable success.
SBAAS October Fair Work Wrap-Up: Key Updates and Essential Takeaways for Small Businesses
October’s Fair Work updates highlight essential compliance points for small businesses, including holiday entitlements, record-keeping, fair wages, and employee protections. With key cases and new resources, SBAAS offers tailored HR & IR services to help businesses navigate these requirements effectively.
The Future of Tradies: How AI is Transforming Efficiency
Artificial Intelligence (AI) is transforming how tradespeople work, from plumbing to electrical systems. By improving efficiency, reducing errors, and making maintenance proactive, AI helps tradies stay ahead in a rapidly evolving industry. From leak detection in plumbing to predictive maintenance in electrical work, AI tools are becoming essential. As tradies embrace this technology, they can offer more reliable services, reduce downtime, and increase customer satisfaction.
Pricing Lessons Small Businesses Can’t Ignore
The ACCC’s legal action against Woolworths and Coles over misleading price discounts holds important lessons for small businesses. Transparency in pricing and clear communication with customers are essential to building trust and avoiding potential legal issues. In this article, we explore how small businesses can apply these principles to protect their reputation, stay compliant with Australian Consumer Law, and maintain strong customer relationships. Read on for key insights and practical advice for your business.
6 Tips to Help Harness the Power of Generative AI
Generative AI is revolutionising industries, and Australian small businesses have the chance to benefit. But how can you leverage AI to boost efficiency, improve decision-making, and drive growth? Our latest article outlines six essential tips to help you successfully implement AI. From identifying business opportunities to selecting the right partners and balancing risk, this guide offers actionable advice for trades, healthcare, manufacturing, and professional services. Start small and learn fast—discover how AI can transform your business today!
ServiceM8 V13 – Smarter, Faster, and More Flexible
Discover how ServiceM8 version 13 transforms how businesses manage jobs, communicate with clients, and streamline operations. From faster access to job details to enhanced payment systems and a new Customer Self-Service Portal, this update is packed with powerful tools to help you stay ahead. And for the first time, there’s limited Android functionality, giving more flexibility to businesses on the go.
Whether you’re focused on improving efficiency or delivering a better customer experience, these updates offer practical solutions. Read on to learn how ServiceM8 version 13 can elevate your business performance.
Spotting Dodgy Political Speak
In the lead-up to the Queensland election, the political landscape buzzes with promises, bold claims, and sweeping statements. But how can you be sure what you hear is more than empty rhetoric? With dodgy political speak becoming more common, sharpening your critical thinking skills and spotting the logical fallacies that can mislead voters is vital. Phrases like “We have a plan” may sound reassuring, but without clear details, they often hide a lack of substance.
In our latest blog, we break down the common tactics used to manipulate public opinion, from straw man fallacies to emotional appeals, and show you how to navigate the noise with logic and reason. We’ll teach you how to ask the right questions, demand evidence, and avoid falling for vague promises. Ready to vote smarter and make decisions based on facts? Click here to discover how critical thinking can help you cut through the clutter and make an informed choice in the upcoming Queensland election.
How Startup Coaching Can Help You Avoid Common Pitfalls
Launching a startup is thrilling, but it’s also filled with challenges. From managing finances to building a team, there are countless decisions to make, and it’s easy to fall into traps that could set your business back.