Common use of Workplace Notice Clause in Contracts

Workplace Notice. Within 30 days of the execution of this Undertaking, display a notice in the workplace, in the form of Attachment B (Workplace Notice) and provide the FWO with photographic evidence of its display and the location of the notice in Touchwood Cafe. Ensure that the Workplace Notice is printed in at least A3 size and is clearly displayed: in locations to which all employees who work at Touchwood have access in a manner which is reasonably capable of drawing the attention of all employees to the Workplace Notice (for example, by placement on a staff noticeboard for a period of 30 continuous days at the end of the period of 30 days provide confirmation to the FWO that the Workplace Notice has been continuously displayed for the required period. Website Notices Touchwood will maintain its Website for at least six months after the execution of this Undertaking and place a notice (Website Notice) on the front page of the website within 30 days of, but not prior to the FWO publishing a Media Release on its website which will: be in the form of the Public Notice set out at Attachment B be displayed in at least size 10 font on the home page remain on the website for a period of six months provide evidence of the placement of the Website Notice to the FWO on the date it is published. Access to the Award and NES Touchwood will, within 14 days of this Undertaking: Ensure that copies of the applicable Award and the NES are available to all employees to whom they apply in accordance with Clause 5 of the Award. These will be made available either: on a noticeboard which is conveniently located at or near the workplace or through electronic means. Notify the FWO within 30 days of how Touchwood has made the Award and NES available to employees.

Appears in 1 contract

Samples: www.fairwork.gov.au

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Workplace Notice. Within 30 days from the date of the execution of this Undertaking, the Company will display (or cause to be displayed) a notice in at the workplace, Cafe (Workplace Notice). The Workplace Notice will be: in the form of Attachment B (Workplace Notice) and provide the FWO with photographic evidence of its display and the location of the notice in Touchwood Cafe. Ensure that the Workplace Notice is B; printed in at least A3 size and is size; clearly displayed: displayed in locations a location to which all employees who work at Touchwood the Company have access in a manner which is reasonably capable of drawing the attention of all employees to the Workplace Notice (for example, by placement on a staff noticeboard noticeboard); displayed for a continuous period of 30 continuous 28 days The Workplace Notice must be displayed in the most commonly spoken language(s) in the workplace. Within 28 days of displaying the Workplace Notice, the Company will provide confirmation, including photographic evidence of display, to the FWO that the Workplace Notice has been displayed at the Cafe, along with a description of the location of the notice in the workplace. At the end of the period of 30 28 days the Company and Xx Xxxxxx will provide confirmation to the FWO that the Workplace Notice has been continuously displayed for the required period, including photographic evidence of its display in the Cafe. Website Notices Touchwood will maintain its Website for at least six Contrition payment Within 2 months after of the execution of this Undertaking Undertaking, the Company and place Xx Xxxxxx undertake to make a notice (Website Notice) on contrition payment of $2,000 to the front page Consolidated Revenue Fund. The Company and My Xxxxxx undertake to provide evidence of the website payment to FWO within 30 7 days of making the payment. Social Media Notice The Company will, within 28 days of, but not prior to the FWO publishing a Media Release on its website in respect of the Undertaking, place a post on its Facebook page which will: be posted and pinned to the top of the homepage in public view; remain on the Facebook page for a continuous period of at least 28 days; and be in the form of the Public Notice set out at Attachment B be displayed in at least size 10 font Within 7 days of posting the notice on the home page remain Company’s Facebook page, provide the FWO with a link to the Public Notice on the website Company’s Facebook page. FWO Posts The Company and Xx Xxxxxx undertake to monitor and share FWO information posts specifically relating to the Hospitality industry, once every quarter, in addition to the sharing of the 1 July annual wage increase posts, on the Company’s Facebook and Twitter social media network. The Company is required to share FWO posts from the date of the execution of the EU for a period of six months provide evidence 2 years. The Company and Xx Xxxxxx will notify the FWO that the obligation specified in clause 41 has been met, within 7 days of the placement of the Website Notice relevant posts being shared. Reporting to the FWO The Company and Xx Xxxxxx will notify the FWO of any changes of circumstances that could potentially impact on the date it is published. Access Company’s ability to comply with the Award and NES Touchwood will, within 14 days of terms contained in this Undertaking: Ensure that copies of the applicable Award and the NES are available to all employees to whom they apply in accordance with Clause 5 of the Award. These will be made available either: on a noticeboard which is conveniently located at or near the workplace or through electronic means. Notify the FWO , within 30 days of how Touchwood has made becoming aware of such circumstances. These circumstances, include but are not limited to: sale or potential sale of Super Max Coffee Pty Ltd trading as Mitte Cafe, ABN 45 606 449 414, or part of the Award Company or business; change of or change in details of Company directors, or other officeholder positions; change in engagement of workers, for example engaging contractors, labour hire or family members in lieu of employees; the Company or its Director(s), including Xx Xxxxxx, opening any new establishments or businesses, or acquiring any existing establishments or businesses, whether alone or in partnership with another entity; ceasing or an expectation of ceasing to trade; the business going in to administration or liquidation, including the likelihood of this occurring. The Company and NES available Xx Xxxxxx will provide any evidence requested by the FWO to employeesconfirm the event(s) identified in clause 41 above, or any other relevant events, within 30 days of the request. No Inconsistent Statements The Company and Xx Xxxxxx: must not; and must ensure that each of their officers, employees or agents, do not, make any statement, orally or in writing or otherwise imply anything that is inconsistent with any admissions or acknowledgements contained in this Undertaking.

Appears in 1 contract

Samples: www.fairwork.gov.au

Workplace Notice. Within 30 28 days of the execution of this Undertaking, display cause to be displayed within all workplaces controlled by Xxxx Xxxx Emporium a notice in the workplace, in the form of Attachment B A to this Undertaking (Workplace Notice) and provide the FWO with photographic evidence of its display and the location of the notice in Touchwood Cafe. display: Ensure that the Workplace Notice is printed in at least A3 size and is clearly displayed: in locations In a location to which all employees who work at Touchwood Xxxx Xxxx Emporium have access in access; In a manner which is reasonably capable of drawing the attention of all employees to the Workplace Notice (for example, by placement on a staff noticeboard for noticeboard; For a period of 30 188 continuous days at the end Record Keeping Within 28 days of the execution of the Undertaking provide to the FWO a copy of time and wage records and payslips for one employee for the first full pay period following the execution of 30 days provide confirmation this Undertaking. Such records are to comply with Commonwealth workplace laws No Inconsistent Statements Xxxx Xxxx Emporium: must not; and must ensure that each of its officers, employees or agents, do not, make any statement , orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements contained in this agreement. Acknowledgements Xxxx Xxxx Emporium acknowledges that: the FWO may make this Undertaking (including any attachments) available for public inspection, including by posting it to its website at xxx.xxxxxxxx.xxx.xx (subject to the FWO taking any necessary steps to redact the names of individuals not party to the Undertaking); the FWO may release a copy of this Undertaking pursuant to any relevant request under the Freedom of Information Xxx 0000 (Cth); the FWO may issue a media release in relation to this Undertaking and from time to time, publicly refer to the Undertaking and its terms; the admissions made in the Undertaking may be relied upon by the FWO in respect of any future decision about enforcement action to be taken in relation to any future non-compliance with Commonwealth workplace relations obligations by Xxxx Xxxx Emporium; consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out in this Undertaking; if the FWO considers that Xxxx Xxxx Emporium has contravened any of the terms of this this Undertaking the FWO may apply to any of the Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; consistent with section 715(3) of the FW Act, Xxxx Xxxx Emporium may withdraw from or vary this Undertaking at any time, but only with the consent of the FWO. Executed as an undertaking EXECUTED by Xxxx Xxxx Emporium Pty Ltd in accordance with section 127(1) of the Corporations Xxx 0000: (Signature of director) (Signature of director/company secretary) (Name of director) (Name of director/company secretary) (Date) (Date) in the presence of: in the presence of: (Signature of witness) (Signature of witness) (Name of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxx Xxxxxx Executive Director Dispute Resolution and Compliance (Date) in the presence of: (Signature of witness) (Name of Witness) Schedule A – Employees Schedule B – Payment plan Payment plan to XX XXX XXXX Amount Date $642.85 less taxation 29/1/16 $642.85 less taxation 12/2/16 $642.85 less taxation 26/2/16 $642.85 less taxation 11/3/16 $642.85 less taxation 25/3/16 $642.85 less taxation 8/4/16 $642.85 less taxation 22/4/16 Attachment A – Form of Public and Workplace Notice Contravention of Fair Work Xxx 0000 and the Fast Food Industry Award 2010 by Xxxx Xxxx Emporium Pty Ltd We refer to the investigation conducted by the Office of the Fair Work Ombudsman (FWO) into allegations that Xxxx Xxxx Emporium Pty Ltd contravened the Fair Work Xxx 0000 and the Fast Food Industry Award 2010 by: failing to pay an employee the correct minimum base hourly rate of pay for time worked Monday to Sunday; failing to pay an employee casual loading; failing to pay an employee penalty rates for time worked on Saturdays; failing to pay an employee penalty rates for time worked on Sundays; failing to pay an employee penalty rates for time worked on a public holiday; and failing to pay an employee special clothing or uniform allowance. Xxxx Xxxx Emporium Pty Ltd has formally admitted to FWO that these contraventions occurred and has entered into an Enforceable Undertaking with the FWO (available at xxx.xxxxxxxx.xxx.xx) committing to a number of measures to remedy the contraventions, including by rectifying the underpayments of $3,953.22 less taxation to the employee affected by the contraventions. Xxxx Xxxx Emporium Pty Ltd expresses its sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore Xxxx Xxxx Emporium Pty Ltd gives a commitment that such conduct will not occur again and that it will comply with all requirements of the Commonwealth workplace relations laws in the future. If you worked for Xxxx Xxxx Emporium Pty Ltd and have queries or questions relating to your employment, please contact Xxx Xxxx on XXXX XXX XXX. Alternatively, anyone can contact the FWO via the website at xxx.xxxxxxxx.xxx.xx or the Infoline on 13 13 94. Attachment B – Letter of Apology FORM OF APOLOGY LETTER TO AFFECTED EMPLOYEES <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of Xxxx Xxxx Emporium Pty Ltd for non-compliance with Commonwealth Workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that Xxxx Xxxx Emporium Pty Ltd had contravened the Fair Work Xxx 0000 by: failing to pay the correct minimum base hourly rate of pay for time worked Monday to Sunday; failing to pay casual loading; failing to pay penalty rates for time worked on Saturdays; failing to pay penalty rates for time worked on Sundays; failing to pay penalty rates for time worked on a public holiday; and failing to pay special clothing or uniform allowance. Regrettably, the investigation determined that you were affected by the above contraventions. Xxxx Xxxx Emporium Pty Ltd is taking steps to remedy the contraventions, including by rectifying the amount that you have been underpaid through a payment plan and changing workplace practices. You will have received the first payment on 15 January 2016 and will be/have been provided with payment advice regarding the payment. Xxxx Xxxx Emporium Pty Ltd has formally admitted to the FWO that the Workplace Notice company did not comply with its obligations under Commonwealth workplace relations laws and has been continuously displayed for entered into an Enforceable Undertaking with the required periodFWO, a copy of which is available from the FWO website at xxx.xxxxxxxx.xxx.xx. Website Notices Touchwood will maintain its Website for at least six months after the execution of this Undertaking and place a notice (Website Notice) on the front page As part of the website within 30 days ofEnforceable Undertaking we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. Xxxx Xxxx Emporium Pty Ltd expresses its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, but not prior to the FWO publishing a Media Release please contact Xxx Xxxx on its website which will: be in the form of the Public Notice set out at Attachment B be displayed in at least size 10 font on the home page remain on the website for a period of six months provide evidence of the placement of the Website Notice to the FWO on the date it is published. Access to the Award and NES Touchwood will, within 14 days of this Undertaking: Ensure that copies of the applicable Award and the NES are available to all employees to whom they apply in accordance with Clause 5 of the Award. These will be made available either: on a noticeboard which is conveniently located at or near the workplace or through electronic means. Notify the FWO within 30 days of how Touchwood has made the Award and NES available to employees<xxxxxx>.

Appears in 1 contract

Samples: www.fairwork.gov.au

Workplace Notice. Within 30 14 days of the execution of this Undertaking, display the Company will: Display within all workplaces where work is performed by its employees a notice in the workplace, in the form of Attachment B Appendix D to this Undertaking (Workplace Notice) and provide photographic evidence to the FWO with photographic evidence of its display display; and the location of the notice in Touchwood Cafe. Ensure that the Workplace Notice is printed in at least A3 size and is clearly displayed: in locations ; In a location to which all employees who work at Touchwood of the Company have access in access; In a manner which is reasonably capable of drawing the attention of all employees to the Workplace Notice (for example, by placement on a staff noticeboard for noticeboard); and For a period of 30 14 continuous days at the end of the period of 30 days provide confirmation to the FWO that the Workplace Notice has been continuously displayed for the required perioddays. Website Notices Touchwood will maintain its Website for at least six months after the execution Notice Within 14 days of this Undertaking and place a notice (Website Notice) on the front page of the website within 30 days of, but not prior to the FWO publishing a Media Release on its website which will: be in respect to the Undertaking, the Company will post a notice in the form of Appendix D on the Public Notice set out Company’s website at Attachment B be xxxxx://xxx.xxxxxxxxxxx.xxx.xx/ (Website Notice) with respect to this Undertaking and which: Is in the form of Appendix D; Is displayed in a prominent location on the homepage of the website in at least size 10 font on the home page remain on the website font; Is displayed for a period of six months provide 14 continuous days; and Contains a html link to the Undertaking. Contrition Payment Within 14 days of the execution of this Undertaking, the Company will: Make a donation of $5,000.00 to Job Watch Inc. [ABN: 74 615 132 361] of 00 Xxxxxxxx Xxxxxx Xxxxxxxxx, XXX 0000, with the objective of assisting with the provision of free workplace legal advice to the community; and Provide evidence of the placement of the Website Notice donation to the FWO within seven days of payment. Acknowledgements The Company acknowledges that: The FWO may make this Undertaking (and any of the Appendices hereto) available for public inspection, including by posting it on the date it is published. Access FWO internet site at xxx.xxxxxxxx.xxx.xx; The FWO may release a copy of this Undertaking (and any of the Appendices hereto) pursuant to any relevant request under the Award Freedom of Information Xxx 0000 (Cth); The FWO may issue a media release in relation to this Undertaking and NES Touchwood willfrom time to time, within 14 days publicly refer to this Undertaking (and any of the Appendices hereto) and its terms; The FWO may rely upon the admissions made by the Company set out in paragraph 9 above in respect of decision making concerning any future non-compliance with the Company’s workplace relations obligations; Consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out herein; Consistent with section 715(3) of the FW Act, the Company may withdraw from or vary this Undertaking at any time, but only with the consent of the FWO; and If the Company contravenes any of the terms of this Undertaking: Ensure that copies The FWO may apply to any of the applicable Award Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; and This Undertaking may be provided to the NES are available to all Court as evidence of the admissions made by the Company in paragraph 10 above, and also in respect of the question of costs. No Inconsistent Statements The Company: must not; and must ensure that each of its officers, employees to whom they apply or agents, do not: make any statement, orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements contained in this Undertaking. Executed as an undertaking EXECUTED by Transfab Reinforcement Australia Pty Ltd in accordance with Clause 5 section 127(1) of the AwardCorporations Xxx 0000: (Signature of director) (Signature of director/company secretary) (Name of director) (Name of director/company secretary) (Date) (Date) in the presence of: in the presence of: (Signature of witness) (Signature of witness) (Name of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxx Xxxxxx Executive Director Dispute Resolution and Compliance (Date) (Signature of witness) (Name of Witness) Appendix A – Employees Employee Name Referred to XXXXXXXXXXXXXX Employee A XXXXXXXXXXXXXX Employee B XXXXXXXXXXXXXX Employee C XXXXXXXXXXXXXX Employee D XXXXXXXXXXXXXX Employee E XXXXXXXXXXXXXX Employee F XXXXXXXXXXXXXX Employee G Appendix B – Underpayment Amounts Identified Employee Name Xxxxxx Xxxx (Gross) Employee A $822.04 Employee B $3,665.00 Employee C $5,615.70 Employee D $2,677.63 Employee F $9,384.06 Employee G $12,247.57 TOTAL $34,412.00 Appendix C – Letter of Apology <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of Transfab Reinforcement Australia Pty Ltd (Company) for non-compliance with Commonwealth workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that the Company had contravened the Fair Work Xxx 0000 (Cth) (FW Act) and the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] in respect of full-time and casual employees by: Failing to pay the correct minimum wage; Failing to pay the correct 25% casual loading; Failing to pay the correct minimum engagement entitlement for a casual employee; Failing to pay the correct Saturday penalty rate; Failing to pay the correct public holiday penalty rate; Failing to pay the correct overtime rates, including where work was performed on Saturday, Sunday and public holidays; Failing to pay the correct afternoon and night shift loading rates; Failing to pay allowances; Failing to comply with the casual conversion clause; Failing to satisfy annual leave entitlements; Failing to pay annual leave loading; Failing to pay annual leave upon termination; and Failing to keep accurate records. The Company has taken steps to remedy the contraventions, including providing back payments and making a donation of $5,000.00 to fund education about workplace rights and entitlements. The Company has formally admitted to the FWO that it did not comply with its obligations under Commonwealth workplace relations laws and has entered into an Enforceable Undertaking with the FWO, a copy of which will be available on the FWO’s website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. The Company expresses its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact Xxx Xxxxxxx at XXXXXXXXXXXXXX . Yours sincerely, Xxxxxx Xxxxxxx and Xxxx Xxxxxxx Director(s) Appendix D – Form of Workplace Notice and Website Notice Contraventions of Fair Work Xxx 0000 (Cth) by Transfab Reinforcement Australia Pty Ltd Transfab Reinforcement Australia Pty Ltd (Company) is a fabrication factory, specialising in prefabricated reinforcement, located in Altona, Victoria. As a result of a review of our wage records, the Company has failed to provide the correct rates of pay to employees. These will be made available either: on a noticeboard which is conveniently located at or near underpayments amount to contraventions of the workplace or through electronic meansFair Work Xxx 0000 (Cth) (FW Act) and the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] (Manufacturing Award (Manufacturing Award). Notify The Company has formally admitted to the Fair Work Ombudsman (FWO) that these contraventions occurred and has entered into an Enforceable Undertaking with the FWO within 30 days (available at xxx.xxxxxxxx.xxx.xx) committing to a number of how Touchwood has made measures to remedy the Award contraventions, including: Making a donation of $5,000 to fund education about workplace rights and NES available entitlements; and Providing training and conducting future audits to employeesensure employees are paid correct rates of pay. The Company expresses its sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore, the Company gives a commitment to ensuring future compliance with Commonwealth workplace relations laws. If you are a current or former employee of the Company and you have questions regarding this notice, please contact us via XXXXXXXXXXXXXX. If you have general questions regarding conditions of employment, please refer to the FWO website at xxx.xxxxxxxx.xxx.xx or call the Infoline on 13 13 94.

Appears in 1 contract

Samples: www.fairwork.gov.au

Workplace Notice. Within 30 days of the execution of this Undertakingundertaking, display cause to be displayed within all/the workplace/s controlled by the Company; a notice in the workplace, in the form of Attachment B A to this Undertaking (Workplace Notice) and provide the FWO with photographic evidence of its display and the location of the notice in Touchwood Cafe. the workplace: Ensure that the Workplace Notice is printed in at least A3 size and is clearly displayed: in locations In a location to which all employees who work at Touchwood the Company have access in access; In a manner which is reasonably capable of drawing the attention of all employees to the Workplace Notice (for example, by placement on a staff noticeboard for noticeboard; For a period of 30 28 continuous days at days. At the end of the period of 30 28 days provide confirmation to the FWO that the Workplace Notice has been continuously displayed for the required period; FWO My account registration and subscription Within 21 days of the execution of this Undertaking: register with the FWO My account portal at xxx.xxxxxxxx.xxx.xx/xxxxxxxx and fully complete the My account profile, including information about the business and award/agreement coverage, through this portal; using the FWO Pay Calculator, calculate relevant minimum pay rates (and penalty rates where necessary) and save these calculations to the Company My account, and provide to the FWO the ‘My account’ Customer Registration Number (CRN); Within 28 days of the execution of the Undertaking, at a mutually agreed time and location, demonstrate to an officer of the FWO, knowledge of the use of My account, including saving information within My account from the website and relevant FWO online tools. Website Notices Touchwood The Company must also demonstrate how its use of this saved information will maintain contribute toward its Website for compliance with workplace obligations including payment to employees of the correct minimum pay rates and public holiday penalty rates; Within 21 days of the execution of the Undertaking, subscribe to the FWO’s subscription service and provide evidence to the FWO of the subscription: Subscribe to the FWO’s ‘Subscribe to email updates’ function available at least xxxx://xxx.xxxxxxxx.xxx.xx/xxxxxxx-xxxxxxxxxxx/xxxxxxx-xx-xx-xxxx/xxxxxxxxx-xx-xxxxx-xxxxxxx Choose the relevant State/s and industry, selecting information updates on the following options: pay rates and entitlements; new products and resources; about us and our work; updates in my industry; and tailored information that’s relevant to me. Workplace relations systems and processes Ensure that the Company complies at all times and in all respects with the FW Act, the Fair Work Regulations 2009 (Cth) and the Contract Call Centres Award. Provide the FWO, within 60 days of the date of execution of this Undertaking, details of systems and processes already in place or to be implemented to comply with paragraph 10(o) above. Without limitation, such systems and processes relating to: Ensuring employees receive the correct minimum rates of pay and entitlements, such as penalty rates and overtime rates; Keeping accurate and complete time and related records to ensure employees receive their correct wages and entitlements; Demonstrating that the Company is meeting its ATO Single Touch Payroll obligations. FWO Online Training Within six (6) months after of the execution of this Undertaking ensure that all persons responsible for management, payroll and place a notice (Website Notice) human resources complete all education courses designed for employers available on the front page FWO online learning centre via xxxxx://xxx.xxxxxxxx.xxx.xx/xxx-xx-xxxx-xxxx/xxxxxx-xxxxxxxx and provide certificates of completion to the FWO. Ensure that all persons responsible for management, payroll and human resources functions complete the educational activities on the FWO website, as set out in Attachment C; For each person required to complete the education activities, enter all of the website within 30 days of, but not prior required information in Attachment C and provide copies of the completed attachment to the FWO publishing a Media Release on its website which will: be in the form within 3 months of the Public Notice set out at Attachment B be displayed in at least size 10 font on the home page remain on the website for execution of this Undertaking; For a period of six months provide evidence two (2) years from the execution of this Undertaking, ensure that the placement educational activities are completed by any new or existing employees or contractors who, after the commencement of the Website Notice this Undertaking, acquire managerial, payroll and human resources functions responsibilities; and For any persons taking on any of these functions, complete Attachment C and submit to the FWO on the date it is publishedwithin 28 days of taking responsibility for these functions. Access Matters notified to the Award and NES Touchwood will, within 14 days of this Undertaking: Ensure that copies of the applicable Award and the NES are available to all employees to whom they apply in accordance with Clause 5 of the Award. These will be made available either: on a noticeboard which is conveniently located at or near the workplace or through electronic means. Notify FWO Where the FWO within 30 days receives a request for assistance regarding non-compliance with a modern award or registered agreement, the Company and its officers (including those relating to entities to which the Company contracts work) undertake to fully co-operate with the FWO to ensure compliance. This includes: Providing all requested employment records and other documentation to the FWO relevant to the request for assistance; Participating fully in any subsequent requests for information relevant to the request for assistance, including participation in any formal records of how Touchwood has made interview; and Co-operation in FWO’s processes employed to resolve the Award and NES available to employeesrequest for assistance.

Appears in 1 contract

Samples: www.fairwork.gov.au

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Workplace Notice. Within 28 days of the commencement of this Undertaking, display a notice within the workplace in a place which is accessible to all employees (Workplace Notice) for a period of 14 consecutive days in the terms set out in Attachment B; Within 28 days of the commencement of this Undertaking and at the Employer’s expense, make or obtain a translation of the Workplace Notice in each language (other than the English language) normally spoken by any of the Employees (Translated Workplace Notice(s)). Such notice(s) are also to be displayed in accordance with clause (i). Within 7 days of the display of the notice, provide a copy of the Workplace Notice and any and all Translated Workplace Notice(s) together with photographic evidence of its/their display to the FWO; Apology Within 28 days of the commencement of this Undertaking, send each of the Employees an apology (Apology Letter) in the form of the letter set out in Attachment C attaching a copy of the Translated Workplace Notice in the language normally spoken by the employee; Within 7 days of the Apology Letter being sent, provide to the FWO a copy of each of the Apology Letters, the Translated Workplace Notice that was attached to the Apology Letter, and proof of their delivery to the Employees; Self – Audit and Reporting Activity Cause to have performed by an external accounting professional (e.g. Certified Practising Accountant), audit specialist or employment law specialist (at the expense of the Employer) future audits of the Employer’s compliance with the FW Act, FW Regulations and fair work instruments including but not limited to the Award on the following terms: The audits will be required to cover each of the full pay period(s) that fall in the period from 1 September to 30 September (inclusive) in the years 2017, 2018, and 2019; The audits must be completed within 30 days of the end of the relevant audit period each year; The audits will apply to all employees employed at any time during the audit period in a classification of work of any fair work instrument applying to the Employer in the audit period; The audits will assess the Employer’s compliance with the following obligations according to each employee’s classification of work, category of employment and hours worked during the audit period: wages and work-related entitlements; any accrual and payment of entitlements under the National Employment Standards in Part 2-2 of the FW Act; method and frequency of payment in accordance with section 323 of the FW Act; record keeping and pay slip obligations in Division 3 of Part 3-6 of the FW Act; and written agreements on work patterns for part-time employees, in accordance with clause 12.3 of the Award; Within 45 days of the end of the relevant audit period each year, the Employer will provide to the FWO a copy of the audit report which must include: a statement of the qualifications of the person conducting the audit and the methodology used in the audit; the audit findings; written particulars of any contraventions identified in the audit, including steps the Employer will take to rectify any identified contravention(s), when the rectification will occur and evidence of rectification to be supplied to the FWO. All contraventions must be rectified by 31 December in the year of the audit. Workplace relations training Within five months of the execution of this Undertaking, display a notice organise and ensure training of the Director and all persons engaged by the Employer who have managerial responsibility for human resources, recruitment or payroll functions (Training); Ensure the Training relates to compliance with all applicable Commonwealth workplace laws and instruments, including but not limited to the rights and responsibilities of the employer under the FW Act and the Restaurant Industry Award 2010 (MA000119) Ensure training is conducted by an accredited workplace trainer; such person or organisation to be approved by the FWO and paid for by the Company; Provide the training materials to be used in the workplace, in the form of Attachment B (Workplace Notice) and provide the FWO with photographic evidence of its display and the location of the notice in Touchwood Cafe. Ensure that the Workplace Notice is printed in at least A3 size and is clearly displayed: in locations to which all employees who work at Touchwood have access in a manner which is reasonably capable of drawing the attention of all employees to the Workplace Notice (for example, by placement on a staff noticeboard for a period of 30 continuous days at the end of the period of 30 days provide confirmation Training to the FWO that no later than 14 days before the Workplace Notice has been continuously displayed for Training is to be conducted; Provide evidence of attendance at the required period. Website Notices Touchwood will maintain its Website for at least six months after the execution of this Undertaking and place a notice (Website Notice) on the front page of the website within 30 days of, but not prior Training to the FWO publishing a Media Release on its website which will: be in the form within 7 days of the Public Notice set out at Attachment B be displayed in at least size 10 font on Training being provided (including the home page remain on name and position of all the website for a period of six months provide evidence of the placement of the Website Notice to the FWO on attendees and the date it is published. Access to on which the Award and NES Touchwood will, within 14 days of this Undertaking: Ensure that copies of the applicable Award and the NES are available to all employees to whom they apply in accordance with Clause 5 of the Award. These will be made available either: on a noticeboard which is conveniently located at or near the workplace or through electronic means. Notify the FWO within 30 days of how Touchwood has made the Award and NES available to employeesTraining was attended).

Appears in 1 contract

Samples: www.fairwork.gov.au

Workplace Notice. Within 30 14 days of the execution of this Undertaking, display the Company will: Display within all workplaces where work is performed by its employees a notice in the workplace, in the form of Attachment B Appendix D to this Undertaking (Workplace Notice) and provide photographic evidence to the FWO with photographic evidence of its display display; and the location of the notice in Touchwood Cafe. Ensure that the Workplace Notice is printed in at least A3 size and is clearly displayed: in locations ; In a location to which all employees who work at Touchwood of the Company have access in access; In a manner which is reasonably capable of drawing the attention of all employees to the Workplace Notice (for example, by placement on a staff noticeboard for noticeboard); and For a period of 30 14 continuous days at the end of the period of 30 days provide confirmation to the FWO that the Workplace Notice has been continuously displayed for the required perioddays. Website Notices Touchwood will maintain its Website for at least six months after the execution Notice Within 14 days of this Undertaking and place a notice (Website Notice) on the front page of the website within 30 days of, but not prior to the FWO publishing a Media Release on its website which will: be in respect to the Undertaking, the Company will post a notice in the form of Appendix D on the Public Notice set out Company’s website at Attachment B be xxxxx://xxx.xxxxxxxxxxx.xxx.xx/ (Website Notice) with respect to this Undertaking and which: Is in the form of Appendix D; Is displayed in a prominent location on the homepage of the website in at least size 10 font on the home page remain on the website font; Is displayed for a period of six months provide 14 continuous days; and Contains a html link to the Undertaking. Contrition Payment Within 14 days of the execution of this Undertaking, the Company will: Make a donation of $5,000.00 to Job Watch Inc. [ABN: 74 615 132 361] of 00 Xxxxxxxx Xxxxxx Xxxxxxxxx, XXX 0000, with the objective of assisting with the provision of free workplace legal advice to the community; and Provide evidence of the placement of the Website Notice donation to the FWO within seven days of payment. Acknowledgements The Company acknowledges that: The FWO may make this Undertaking (and any of the Appendices hereto) available for public inspection, including by posting it on the date it is published. Access FWO internet site at xxx.xxxxxxxx.xxx.xx; The FWO may release a copy of this Undertaking (and any of the Appendices hereto) pursuant to any relevant request under the Award Freedom of Information Xxx 0000 (Cth); The FWO may issue a media release in relation to this Undertaking and NES Touchwood willfrom time to time, within 14 days publicly refer to this Undertaking (and any of the Appendices hereto) and its terms; The FWO may rely upon the admissions made by the Company set out in paragraph 9 above in respect of decision making concerning any future non-compliance with the Company’s workplace relations obligations; Consistent with the Note to section 715(4) of the FW Act, this Undertaking in no way derogates from the rights and remedies available to any other person arising from the conduct set out herein; Consistent with section 715(3) of the FW Act, the Company may withdraw from or vary this Undertaking at any time, but only with the consent of the FWO; and If the Company contravenes any of the terms of this Undertaking: Ensure that copies The FWO may apply to any of the applicable Award Courts set out in section 715(6) of the FW Act, for orders under section 715(7) of the FW Act; and This Undertaking may be provided to the NES are available to all Court as evidence of the admissions made by the Company in paragraph 10 above, and also in respect of the question of costs. No Inconsistent Statements The Company: must not; and must ensure that each of its officers, employees to whom they apply or agents, do not: make any statement, orally or in writing or otherwise imply anything that is inconsistent with admission or acknowledgements contained in this Undertaking. Executed as an undertaking EXECUTED by Transfab Reinforcement Australia Pty Ltd in accordance with Clause 5 section 127(1) of the AwardCorporations Xxx 0000: (Signature of director) (Signature of director/company secretary) (Name of director) (Name of director/company secretary) (Date) (Date) in the presence of: in the presence of: (Signature of witness) (Signature of witness) (Name of witness) (Name of witness) ACCEPTED by the FAIR WORK OMBUDSMAN pursuant to section 715(2) of the Fair Work Xxx 0000 on: Xxxxx Xxxxxx Executive Director Dispute Resolution and Compliance (Date) (Signature of witness) (Name of Witness) Appendix A – Employees Employee Name Referred to XXXXXXXXXXXXXX Employee A XXXXXXXXXXXXXX Employee B XXXXXXXXXXXXXX Employee C XXXXXXXXXXXXXX Employee D XXXXXXXXXXXXXX Employee E XXXXXXXXXXXXXX Employee F XXXXXXXXXXXXXX Employee G Appendix B – Underpayment Amounts Identified Employee Name Amount Owed (Gross) Employee A $822.04 Employee B $3,665.00 Employee C $5,615.70 Employee D $2,677.63 Employee F $9,384.06 Employee G $12,247.57 TOTAL $34,412.00 Appendix C – Letter of Apology <Date> <Employee Name> <Employee Address> Dear <Employee Name> I am writing to apologise on behalf of Transfab Reinforcement Australia Pty Ltd (Company) for non-compliance with Commonwealth workplace relations laws. A recent investigation conducted by the Office of the Fair Work Ombudsman (FWO) determined that the Company had contravened the Fair Work Xxx 0000 (Cth) (FW Act) and the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] in respect of full-time and casual employees by: Failing to pay the correct minimum wage; Failing to pay the correct 25% casual loading; Failing to pay the correct minimum engagement entitlement for a casual employee; Failing to pay the correct Saturday penalty rate; Failing to pay the correct public holiday penalty rate; Failing to pay the correct overtime rates, including where work was performed on Saturday, Sunday and public holidays; Failing to pay the correct afternoon and night shift loading rates; Failing to pay allowances; Failing to comply with the casual conversion clause; Failing to satisfy annual leave entitlements; Failing to pay annual leave loading; Failing to pay annual leave upon termination; and Failing to keep accurate records. The Company has taken steps to remedy the contraventions, including providing back payments and making a donation of $5,000.00 to fund education about workplace rights and entitlements. The Company has formally admitted to the FWO that it did not comply with its obligations under Commonwealth workplace relations laws and has entered into an Enforceable Undertaking with the FWO, a copy of which will be available on the FWO’s website at xxx.xxxxxxxx.xxx.xx. As part of the Enforceable Undertaking we have committed to a number of measures to ensure future compliance with Commonwealth workplace relations laws. The Company expresses its sincere regret and apologises to you for failing to comply with our lawful obligations. Should you have any questions, please contact Xxx Xxxxxxx at XXXXXXXXXXXXXX . Yours sincerely, Xxxxxx Xxxxxxx and Xxxx Xxxxxxx Director(s) Appendix D – Form of Workplace Notice and Website Notice Contraventions of Fair Work Xxx 0000 (Cth) by Transfab Reinforcement Australia Pty Ltd Transfab Reinforcement Australia Pty Ltd (Company) is a fabrication factory, specialising in prefabricated reinforcement, located in Altona, Victoria. As a result of a review of our wage records, the Company has failed to provide the correct rates of pay to employees. These will be made available either: on a noticeboard which is conveniently located at or near underpayments amount to contraventions of the workplace or through electronic meansFair Work Xxx 0000 (Cth) (FW Act) and the Manufacturing and Associated Industries and Occupations Award 2010 [MA000010] (Manufacturing Award (Manufacturing Award). Notify The Company has formally admitted to the Fair Work Ombudsman (FWO) that these contraventions occurred and has entered into an Enforceable Undertaking with the FWO within 30 days (available at xxx.xxxxxxxx.xxx.xx) committing to a number of how Touchwood has made measures to remedy the Award contraventions, including: Making a donation of $5,000 to fund education about workplace rights and NES available entitlements; and Providing training and conducting future audits to employeesensure employees are paid correct rates of pay. The Company expresses its sincere regret and apologises for the conduct which resulted in the contraventions. Furthermore, the Company gives a commitment to ensuring future compliance with Commonwealth workplace relations laws. If you are a current or former employee of the Company and you have questions regarding this notice, please contact us via XXXXXXXXXXXXXX. If you have general questions regarding conditions of employment, please refer to the FWO website at xxx.xxxxxxxx.xxx.xx or call the Infoline on 13 13 94.

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Samples: www.fairwork.gov.au

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