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Breaches of Fair Work

As an internal payroll/Account Manger or third-party provider you can be held liable by Fair Work Australia for the underpayment of workers within the business.  Under the “Accessorial liability” provisions of Fair Work Act, whereby non-business owners can be held liable for contravening the Fair Work Laws.

What Does this mean for you:

  • You Can’t Just turn a blind eye to the breaches
  • You must bring it to the attention of Management or the business owner (in writing)
  • Take Steps to ensure you are not held liable.

 

What Does this mean for Admin Advantage:

  • We Can’t Just turn a blind eye to the breaches
  • We will bring it to the attention of Management and the Business Owner the breaches (in writing)
  • If the Business refuses to comply with our recommendations Admin Advantage will cease all payroll processing.

 

Don’t leave yourself open to being liable Contact Admin Advantage today and get a Payroll audit.

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Changes to Casual & Part-Time Entitlements in some Awards

On 12 December 2017, the Fair Work Commission (FWC) external-icon.png varied certain overtime rates and minimum shift entitlements for casual and part-time employees in several awards.

These changes start from the first full pay period on or after 1 January 2018.

Who do the changes affect?

The changes are different for each award, so they affect employers and employees differently depending on the award they’re covered by.

Find out what the changes are to the:

The decision introduces overtime rates for casual employees in many of these awards and changes how part-time hours can be worked in others.

If you think you might be covered by one of these awards but aren’t sure, you can use Find my award to find out which covers you.

When will our tools be updated?

Our Pay Calculator and Pay Guides are being updated to include these changes. Some awards have already been updated in our tools and you can calculate entitlements by selecting a date after 1 January 2018.

In the meantime, subscribe to email updates to get pay and entitlements information for your award and we’ll email you when our pay tools are updated.

What are the changes?

Fast Food Award

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

  • more than 38 hours per week, or an average of 38 hours per week over a roster cycle
  • more than 11 hours on any day.

Hair and Beauty Award

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

  • more than 38 hours per week, or an average of 38 hours per week over a roster cycle
  • more than 10.5 hours per day.

Hospitality Award

Part-time employees

Part-time employees are engaged for a minimum of 8 hours and less/fewer than 38 ordinary hours per week over a roster cycle.

Employers and employees must agree on the minimum number of hours to be worked each week and the times the employee is available to work.

Part-time employees can be rostered for additional hours during their availability period without getting payment for overtime.

A part-time employee who regularly works additional hours for 12 months may ask to increase their guaranteed hours. Employers may only refuse on reasonable business grounds.

Casual employees

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

  • more than 38 hours per week, or an average of 38 hours per week over a roster cycle (which may not exceed 4 weeks)
  • more than 12 hours per day.

Passenger Vehicle Award

School bus drivers transporting students to and from school can be rostered for 1 or 2 shifts per day. Each shift needs to be a minimum of 2 hours.

Pastoral Award

A new 2-hour minimum engagement for dairy operators 18 years or younger who are full-time secondary school students.

Rail Award

Changes to the calculation of overtime, shift penalties and weekend penalties.

Registered Clubs Award

Part-time employees

Part-time employees are engaged for a minimum of 8 hours and less/fewer than 38 ordinary hours per week over a roster cycle.

Employers and employees must agree on the minimum number of hours to be worked each week, and the times the employee is available to work.

Part-time employees can be rostered for additional hours during their availability period without getting payment for overtime.

A part-time employee who regularly works additional hours for 12 months may ask to increase their guaranteed hours. Employers may only refuse on reasonable business grounds.

Casual employees

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

  • more than 38 hours per week, or an average of 38 hours per week over a roster cycle (which may not exceed 4 weeks)
  • more than 12 hours per day or shift.

Casuals may also be entitled to a meal allowance when working overtime.

Restaurant Award

Part-time employees

Part-time employees are engaged for a minimum of 8 hours and less/fewer than 38 ordinary hours per week over a roster cycle.

Employers and employees must agree on the minimum number of hours to be worked each week, and the times the employee is available to work.

Part-time employees can be rostered for additional hours during their availability period without getting payment for overtime.

A part-time employee who regularly works additional hours for 12 months may ask to increase their guaranteed hours. Employers may only refuse on reasonable business grounds.

Casual employees

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

  • more than 38 hours per week, or an average of 38 hours per week over a roster cycle (which may not exceed 4 weeks)
  • more than 12 hours per day or shift.

Casuals may also be entitled to a meal allowance when working overtime.

Retail Award

Casual employees now have an entitlement to overtime pay.

They get overtime when working:

  • more than 38 hours per week, or an average of 38 hours per week over a roster cycle
  • outside of the span of ordinary hours
  • more than 11 hours on one day of the week, and more than 9 hours on any other day of the week.

Social and Community Services Award

Part-time rosters no longer need to have the same amount of hours in each week. Employees and employers may agree to have a different amount of hours in each week over a roster cycle.

Roster variations can be for short term or permanent changes to the roster.

Wine Award

The minimum payment for casual employees doing pruning or harvesting work during unexpected wet weather has been reduced from 4 hours to 2 hours.

More information

You can read the Fair Work Commission’s full decision external-icon.png, and more about the review into part-time external-icon.png and casual employment external-icon.png on the Commission’s website.

 

As published on the Fairwork website: http://www.fairwork.gov.au/about-us/news-and-media-releases/website-news/changes-to-casual-part-time-entitlements-in-some-awards

 

 

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Increase to Award Minimum Rates From 1 July

The Fair Work Commission have announced that from 1 July 2017 modern award rates will increase by 3.3%

This equates to an increase of nearly 50c per hour (or roughly an additional $18 to $19 per week) depending on the award and trade involved.

The wage increases will also flow onto rates of pay  for apprentices and trainees.

If your staff are being paid at Current award rates now is the time to take a look to ensure that your staff are not underpaid as at 1 July 2017.

If you have any questions or concerns please contact: Call Kirstie on 0420 515 693