Fair Work Law Update: Family and Domestic Violence Leave

From 1 August 2018, employees are entitled to family and domestic violence leave.The Fair Work Commission has updated all industry and occupation awards to include a new clause about family and domestic violence leave.

Who is entitled to unpaid family and domestic violence leave?
All employees (including casual employees) covered by an award with the new clause are entitled to 5 days unpaid family and domestic violence leave.

So as an Employer, what evidence can you request? 
An employer can ask their employee for evidence that shows the employee took the leave to deal with family and domestic violence. If the employee doesn't provide the requested evidence, they may not get family and domestic violence leave.
The evidence has to convince a reasonable person that the employee took the leave to deal with the impact of family and domestic violence.

What types of evidence are acceptable?
Types of evidence can include:
documents issued by the police service;
documents issued by a court;
family violence support service documents; or
a statutory declaration (also known as a stat dec).
Employers can ask employees to provide evidence for as little as 1 day or less off work.

Confidentiality
Employers have to take reasonably practicable steps to keep any information about an employee’s situation confidential. This includes information about the employee giving notice that they’re taking the leave and any evidence they provide. Employers are not prevented from disclosing information if:
it's required by law; or
is necessary to protect the life, health or safety of the employee or another person.
Employers need to be aware that any information about an employee's experience of family and domestic violence is sensitive. If information is mishandled, it could have adverse consequences for their employee. Employers should work with their employee to discuss and agree on how this information will be handled.

Are you finding it difficult to comply with Fair Work requirements?
ISOsafe offer Fair Work advice to businesses and employers Australia-wide. Where requested, our Specialists will visit your workplace to review your processes and documents. Based on this, we will provide you with support, compliance documents, training and a detailed report containing areas for improvement. Call ISOsafe today on 1300 789 132.

NSW Food Authority Law Update: Local councils to regulate home-based food businesses from 1 July 2018

If you operate a food business that sells direct to the final customer notify your local council of your business and food activity details. 

If your business do not retail food direct to the customer (i.e. they sell to another party such as a cafe or restaurant to on-sell), they need to notify the NSW Food Authority of their business and food activity details. Go to: www.foodnotify.nsw.gov.au  

Are you unsure whether you operate a food business?

A food business is any food preparation, food storage or food distribution activity which handles food for sale, including not-for profit organisations offering in-kind rewards.  If the handling of food for sale occurs at an address which is also a domestic premise, there are special food safety issues to consider.

Obligations for food businesses

Like all food businesses, those based at home must comply with the relevant parts of the Food Standards Code, including:

•           Standard 3.2.2 Food Safety Practices and General Requirements

•           Standard 3.2.3 Food Premises and Equipment

•           Part 1.2 Labelling and other information requirements.

Before a food business can start operating, owners need to make sure the proposed activities are approved by their local council. Some councils may not approve operations involving high risk foods. 

Issues to consider for food businesses

Anyone in charge of a food business needs to identify food safety issues and implement measures to control risks.

Premises design and construction

Standards for flooring in kitchens and storerooms, and requirements relating to personal hygiene areas, need to be met such as adequate hand washing facilities which must be available. Check with the local council about what is acceptable.

They can also advise on zoning restrictions, development planning, construction and fit-out standards, waste disposal, environmental controls and any other local regulations.

Keep cold foods properly refrigerated

Adequate refrigeration capacity is essential to make sure that cold food remains safe. It is important to keep certain food such as meat, eggs and dairy under 5°C at all times, including during transport. 

Overloading domestic refrigerators and constantly opening the door means food takes longer to cool, or does not stay cold enough meaning harmful microorganisms have more chance to grow. Always use a fridge thermometer to check that your fridge is cold enough.

Cook food thoroughly

Cook food thoroughly without overloading the oven. Cool down cooked food as quickly as possible, e.g. refrigerate in small portions to allow proper cooling. Use a food thermometer to make sure what you are cooking reaches the required temperature.

Handle food hygienically

It is very important to keep ready-to eat food and raw food or ingredients separate. This means that food contact surfaces, utensils, containers, tea towels etc. should not be used for both raw and ready to-eat foods without being thoroughly cleaned in between.

Everyone who handles food for sale must have food safety skills and knowledge appropriate to their activities. Top of the list is proper hand washing, especially after using the toilet. Single-use towels are the safest way to dry hands as tea towels can transfer dangerous organisms between hands and food.

Young children, pets, and people who are sick should stay out of food preparation areas. Food must be protected from pests and vermin at all times, including raw ingredients.

Store food safely

Food containers and other containers should not be re-used if they are not rated for multiple use by the manufacturer. Some food containers can transfer harmful chemicals to food if not used correctly.

Product labelling

Labels of packaged foods must show: 

•           name of the food

•           manufacturer address details

•           the list of ingredients

•           ‘best before’ or ‘use-by’ date, as appropriate

•           batch numbering for traceability 

•           directions for use and storage

•           a Nutrition Information Panel (unless exempt)

•           the country of origin of the product and its ingredients

•           any other requirements of the Food Standards Code. 

There are also labelling restrictions to comply with, such as declaring ‘characterising ingredients’, making health claims in product marketing and other prohibitions 

Keep records

It’s a good idea to keep records of ingredients’ batches so these can be traced if an ingredient is recalled by another producer.

For further information on food safety tips, training and HACCP Manuals, call ISOsafe on 1300 789 132.