Law – A to Z Queensland https://azqueensland.com AZQueensland.com Fri, 27 Jan 2023 08:03:08 +0000 en-US hourly 1 https://azqueensland.com/wp-content/uploads/2023/01/cropped-AZ-32x32.jpg Law – A to Z Queensland https://azqueensland.com 32 32 Fair Work’s Challenge to Mantle Group Hospitality https://azqueensland.com/business/fair-works-challenge-to-mantle-group-hospitality/ Fri, 27 Jan 2023 01:38:31 +0000 https://azqueensland.com/?p=3589 Read more]]> Company avoided paying workers penalty rates for 22 years

Mantle Group Hospitality (MGH) is owned by millionaire pub baron Godfrey Mantle and wife Jenny Mantle who run iconic Queensland venues like the Pig ‘n’ Whistle and Jimmy’s on the Mall in Brisbane’s crucial Queen Street Mall. But for decades, workers of MGH have been underpaid of their rightfully earned wages and entitlements. Now, Fair Work is finally challenging these wrongdoings.

Mantle Group has been exploiting a loophole in Australian law to deny their staff penalty rates for more than two decades. The Fair Work Commission labelled Mantle’s practice disgraceful, reflecting the general sense of injustice surrounding this company’s decision to take advantage of a long-expired agreement that provides no financial benefit to their employees. Mantle’s appalling stance is at odds with current standards of corporate social responsibility and fair employment practices that require businesses to pay their staff according to the applicable laws and regulations. It is also symptomatic of deeper problems within the system that allow companies like Mantle Group to use outdated legal provisions for unjust and unfair gain.

The Mantle Group is a successful family-owned enterprise comprising multiple companies and trusts incorporating Hospitality, Property Development and Mining. Established in 1979 by Godfrey Mantle, Executive Chairman known as “hospitality king”. The Mantle Group continues to be 100% privately owned and managed by the Mantle family today.

Spanning multiple business operations across South East Queensland and New South Wales their hospitality interests and venues include Pig ‘N’ Whistle, The Charming Squire, Jimmy’s on The Mall, Jacqueline’s Ridge, Mantle & Moon Coffee, Mayfair College, Milano, Phuc Deli-Viet, The Squire’s Landing, Babylon Brisbane, Babylon Rooftop in Sydney, The Lucky Squire, The Sound Garden, The Summit Brisbane at Mt Coot-tha and James Squire brew houses in Brisbane, Sydney and the Gold Coast.

The Unfair Agreement Used By Mantle Group Hospitality

MGH has been accused of wage theft by using so-called zombie agreements which include pay and conditions significantly less than those provided by the modern Award. Under this agreement, workers are underpaid weekend penalty rates, allowances such as working late or early, superannuation payments, and other entitlements they are due. Not only that, but they are also reportedly miss-classified to keep wages low and use hard-to-understand agreements to baffle workers into not understanding their rights.

Fair Work’s Challenge To The Zombie Agreement

However, after a long battle against this unfair agreement, Fair Work has now challenged its use by the Mantle Group Hospitality. It has been alleged that Mantle Group’s zombie agreement was in direct breach of the modern award that applies to their staff, particularly with regards to public holiday entitlements at its venues in Brisbane city and Sydney. So far, it appears that Fair Work has successfully taken legal action against some elements of this agreement as well as issuing compliance notices to ensure future compliance from the company moving forward.

Going Forward With A More Equitable Agreement

It is expected that going forward both parties will work together towards a more equitable agreement that ensures staff can continue working while still receiving their rightful wages and entitlements. This could be potentially beneficial for both employers and employees alike as it could create clearer guidelines on how much should be paid out per hour/week/month along with other workplace benefits such as additional leave days or sick leave policies among others benefits – all within reasonable limits set by both parties.

While it is unclear what will come out of Fair Work’s challenge to Mantle Group Hospitality’s zombie agreement, one thing is certain: something needs to change if young workers are going to get the fair pay they deserve for the work they do. Hopefully this challenge will finally put an end to years of miss-classification and wage theft so that young people can start getting compensated fairly for their work once again. It would be a win not just for them but also for businesses who want an ethical workforce backed up with concrete rules about compensation packages. Either way we will have to wait until further updates from Fair Work become available before we know how successful this challenge has been in bringing fairness back into play when it comes to compensating casual workers in hospitality industries across Australia.

If you are a hospitality worker impacted by the Mantle Group contact the Fair Work Commission for support.

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A Checklist for E-Commerce Business Success https://azqueensland.com/business/a-checklist-for-e-commerce-success/ Wed, 25 Jan 2023 04:47:43 +0000 https://azqueensland.com/?p=3498 Read more]]> With the emergence of e-commerce, businesses have been given the opportunity to reach a global audience and tap into new markets. But with this newfound power comes more responsibility. If your business offers products or services online, you must make sure that you are following all the necessary steps to ensure success. This checklist will help you do just that.

Online Business Checklist

Define your business concept: Begin by clearly defining your business concept as well as the products or services you will provide. Investigate the market and your competitors to ensure that there is a demand for your product or service.

Develop a business plan: A business plan will assist you in outlining your objectives, strategies, and financial projections. This will come in handy when looking for funding or investors.

Select a business structure: Choose a legal structure for your company, such as a sole proprietorship, partnership, LLC, or corporation.

Register your company: Register your company with your state and obtain any required licences and permits.

Obtain an ABN: Apply to the ATO for an Australian Business Number (ABN) or Company Number. This is a one-of-a-kind identification number for your company that is required for certain business transactions.

Make a website: Create a professional-looking website for your company. This will serve as the foundation of your online presence and should include information about your products or services, contact information, and a way for customers to purchase them.

Optimize for SEO: Make your website more search engine friendly by including keywords in your content, meta tags, and backlinks. When people search for similar products or services, your website will appear higher in search results.

Create an e-commerce platform: If you intend to sell products or services online, you should create an e-commerce platform such as Shopify, Magento, or WooCommerce. Customers will be able to make purchases directly from your website as a result of this.

Set up a payment gateway: To process online payments, set up a payment gateway such as PayPal or Stripe. Customers will be able to make secure and convenient purchases from your website as a result of this.

Create a marketing strategy: Create a marketing strategy outlining how you will promote your company and reach out to potential customers. Consider social media marketing, email marketing, and pay-per-click advertising.

Create an email list: To create an email list, collect email addresses from website visitors and customers. This will allow you to send out regular updates and promotions to those who are interested.

Measure and test: Different aspects of your online business, such as website design, marketing strategies, and e-commerce functionality, should be tested. Track the success of your efforts using analytics and metrics and make adjustments as needed.

Security: Protect your customers’ and your company’s data by ensuring that your website has an SSL certificate, implementing a strong password policy, and regularly backing up your data.

Customer Service: Create a customer service strategy and a clear process for dealing with customer enquiries and complaints. This will help to ensure that customers are happy with their experience and will return in the future.

Order Fulfillment and Shipping: Create a strategy for order fulfilment and shipping. Consider outsourcing logistics and shipping to a fulfilment service. This will aid in the processing and delivery of orders on time.

Review and improve: Test new ideas and make adjustments as needed to continuously review and improve your online business strategy. To stay ahead of the competition, keep up with the latest trends and technologies in e-commerce and online marketing.

Do Consumers Need Specialised Software or Hardware to Trade With You?

You do need to consider is what type of technology your customers will need in order to purchase from your website. For example, if you are selling digital downloads such as music or software, then customers will need some type of specialized software in order to download and use it. Make sure that these requirements are clearly stated on your website so that consumers know what they need in advance.

Legal considerations for going online

Are Contract Terms for Purchases Clear, Accurate and Easily Accessible by Consumers?

It’s important to provide clear terms and conditions for purchases on your website so that consumers know exactly what they are getting when they purchase something from you. Make sure that these terms are accurate and easily accessible by consumers so that there is no confusion or misunderstanding about the product or service being purchased.

Have You Taken Appropriate Steps to Protect Consumers’ Privacy?

When it comes to e-commerce transactions, consumer privacy is paramount. You must take appropriate steps to protect consumer data such as credit card numbers and personal information from being accessed by unauthorized parties. This can include implementing secure payment systems and encryption technologies as well as ensuring all data is stored securely offsite where possible.

Have You Provided Consumers With Payment Mechanisms That Are Easy To Use And Offer Appropriate Security?

Your customers should always be able to make payments quickly and securely when using your e-commerce website. Make sure that you offer a variety of payment mechanisms such as credit cards, PayPal, Apple Pay and other options so that customers have multiple choices when it comes time to make their purchase decisions. Also, ensure these payment mechanisms offer appropriate security features such as two-factor authentication or transaction verification codes in order to further protect consumer data from theft or misuse.

Have Consumers Been Informed About Any Specific Laws Or Jurisdiction Applicable To Transactions With Your Business?

It is important that consumers understand any specific laws or jurisdiction applicable to transactions with your business before they commit to making a purchase decision. Make sure this information is easily accessible on your website in an understandable manner so that potential customers know exactly what they are agreeing too before they complete their purchase transactions with you online.

Running a successful e-commerce business requires more than just setting up an online store; it also involves taking the right steps towards protecting consumer privacy, providing secure payment methods and informing customers about applicable laws related to their transactions with your business. You can ensure the success of your online business by following this checklist and being prepared for each step.

Remember that starting an online business requires dedication, hard work, and patience, but it is also an extremely rewarding experience. By taking the time to run through this checklist every now and then, you can rest assured knowing you’re doing everything possible for the continued success of your e-commerce business.

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