News

New Annualised Wage Requirements - 10 Days to Achieve Compliance

Posted by Andrew Schoenfeld on

New Annualised Wage Requirements - 10 Days to Achieve Compliance Once upon a time, the utilisation of annualised salary provisions, including those appearing in the Clerks – Private Sector Award 2010(Clerks Award) or the Banking Finance and Insurance Award 2010 (BFI Award), was a straightforward affair. Reasonable checks and balances were in place, and compliance was practical and manageable, namely (my emphasis): Annual salary not to disadvantage employees (a) The annual salary must be no less than the amount the employee would have received under this award for the work performed over the year for which the salary is paid...

Read more →


Shifting liability from employer to host employer

Posted by Andrew Schoenfeld on

Shifting liability from employer to host employer Another feature of the changing employment landscape has been the increasing outsourcing of labour and the emergence of labour hire companies. One of the principal benefits of outsourcing is that it provides flexibility in fluctuating markets. Another benefit is that organisations that adopt such a practice tend to be less exposed to liability through casual acts of negligence by its workers. However, as demonstrated by a recent decision of the Western Australian Court of Appeal,1 this is not always the case. It is well recognised that an employer will be vicariously liable for...

Read more →


Casual employment risks continue

Posted by Andrew Schoenfeld on

Good Morning: Major News Alert for all HR Global Solutions Clients. WHO SHOULD READ THIS All employers, human resources managers, in-house lawyers and professionals with an industrial or employment focus. THINGS YOU NEED TO KNOW Casual employment is often fluid and can change over time. Casual employment arrangements remain subject to significant scrutiny by the FWC and Federal Courts. WHAT YOU NEED TO DO Review your arrangements with casual employees and determine if they may have protection from unfair dismissal, or if any change in the status of the employment relationship could give rise to ongoing full-time or part-time employment....

Read more →


The 6 major changes in employee awards and legislation this new year

Posted by Andrew Schoenfeld on

Good Morning, We will be in contact with you to discuss the major changes in employee awards and legislation to ensure your compliance. At this stage the proposed changes are still in draft form, once passed, we will work with you to achieve compliance. In the interim, the following is what you can expect to occur this year. Please note the new provisions relating to Salary Sacrifice which came into effect as of January 1st, 2020. Legislation and individual awards around employee entitlements change regularly. Organisations are required to comply with Federal, State-based, and award-based legislation together, making it one...

Read more →


New Fair Work obligations coming next year. Are you ready?

Posted by Andrew Schoenfeld on

New Fair Work obligations coming next year. Are you ready? Employers that pay an annual salary to their employees covered by an applicable Modern Award will soon be subject to a number of new notification, record keeping and wage reconciliation obligations. These new Fair Work obligations are aimed at ensuring employees aren’t being disadvantaged by annualised arrangements. The new clauses will only be inserted into Modern Awards which already contain an annualised salary clause. Modern Awards affected may be small in number but include Awards covering significant numbers of employees, including, for example, the: Horticulture Award 2010 Pastoral Award 2010...

Read more →