Are you exposed to deductions?

a mini-article by Taylah Cooper [Approx 1 min read] Some SMEs struggle to move away from a ‘handshake’ method of deducting from their team members pays – and this could be a problem in 2024. (note: this information applies to national system employers only) What was the deal? Under the Fair Work Act 2009, rules already apply when making deductions from an employee’s pay. For deductions made for the employee’s benefit (like a salary sacrifice to a health fund or …

Workplace laws are scary, right?

by Rob Sheppard [Approx. 4-minute read] Unless you’ve been off in that time-travelling DeLorean again, you will have come to the realisation that Australia’s (ongoing) workplace reforms are an issue for your business you can no longer hide from. Labor governments in WA and Nationally have made no secret of their aspirations to raise working conditions / experience and address a ‘perceived’ imbalance in worker lives…. and this is a driving force behind most of the recent reform. Let’s recap …

IR Reform 2021

IR Amendment 2021 – What did we actually get?

2020 saw many challenges and opportunities for Australian businesses thanks to the effects of COVID-19. One of the more significant in our opinion was the promised amendments to the Fair Work Act 2009 (the ‘FW Act’). The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2021 finally passed both Houses of Parliament on 22 March 2021 – but not before Parliament made several amendments that significantly stripped it to back (for a full list of what was being …

casual offsetting

How to end casual ‘double dipping’

The Australian employment environment was rocked last year following the Federal Court of Australia decision in Workpac v Skene [2018] FCAFC 131. In short, this decision found that employers who incorrectly classify employees as casual instead of full-time or part-time could be responsible for back paying various entitlements under the National Employment Standards (NES). An immediate cry went up that this was effectively allowing ‘double-dipping’ for casuals to receive their casual loading (to cover not receiving the benefits of a permanent employee) …

Independent contractor

To be or not to be (an Independent Contractor)

… that is the question. (thanks to Shakespeare’s Hamlet, Act III, Scene I for this shameless rip-off!) Script for a beleaguered employer ‘Hi’ says a worker you’ve used on and off now for a while. ‘I’ve been thinking about becoming a contractor and working for you through my own ABN, and well, I’ve taken the plunge and got my number approved!’ they say chirpily and without pause for you to return the ‘hi’. They have, however, caught your attention and so you …

Backpay above award payment

Paying above the award? Do it right the first time.

You’ve worked hard to make sure you’re competitive by paying your people a good wage for the work you need them to do and for your industry. Perhaps to the point that you pay a higher flat rate so you also don’t have the stress of constantly calculating overtime and all those confusing allowances? So it’s a bit of surprise one day to find that you’re still liable for back pay on overtime and allowances when a disgruntled employee asks …

3 (employment) things you need to know before selecting your company structure

In your business’s lifetime, there may come a point you think about changing your business structure. If you’re thinking of becoming a Pty Ltd entity, or making any change that changes which systems of industrial relations apply to your business, there are some things to considering at the planning stage 1) There are two industrial relations systems that apply in Australia The national system – managed by the Fair Work Ombudsman – covers Proprietary Limited companies – that is, Pty …

Why you need a written contract of employment

“I don’t need a big contract of employment because my staff trust me and I pay above the industry – so no problems”. In an ideal world, we’d all get along, know and trust what we were entitled to and never have a disagreement that we couldn’t just shake hands on. I like to personally ‘play with a straight bat’ approach to everything we do but unfortunately, the real world doesn’t always like to reciprocate such good faith; which is …