Biz Momentum Blog

In conjunction with the National Institute of Accountants and Biz Momentum we are conducting the following seminars in Queensland, New South Wales, Australian Capital Territory and Tasmania.

For further information and to register for these events please visit the NIA on www.nia.org.au

Accountants are increasingly finding themselves subject to complaints and litigation from employees.

Phil Lye managing Director of Biz Momentum is a qualified accountant (now not in practice) and is a well respected HR/IR Specialist assisting many businesses Australia wide. We have assisted many Accountants and their clients.

W can assist you whatever your requirements are: grievance, job descriptions, employment agreements, policies and procedures and much more.  We understand accounting. Call us today and see how we can assist you

(T) 61 7 3349 5662      (M) 0409 002 365       (E) info ( a t ) biz – momentum (d o t ) com

There are two main areas that affect an employee due to the current flood situation:

1. Unable to get to work because of flooding; an
2. Able to get to work however unable to perform their duties.

There are a number of key issues to look at from Industrial Instruments and Modern awards.  As this is not a straight forwards matter we encourage you to contact us and take advice. We will assist you with the correct solution so that you fulfil your employment obligations and no breach the law.

(T) 61 7 3349 5662      (M) 0409 002 365       (E) info ( a t ) biz – momentum (d o t ) com

Emergency services leave is part of the entitlement to ‘community services leave’ that appears in the National Employment Standards (NES). The relevant sections of the Fair Work Act 2009 are ss108–112.

A permanent full-time or part-time employee is entitled to be absent from work to attend an ‘eligible community service activity’, which includes a ‘voluntary emergency service activity’.

The emergency service activity is eligible if the following conditions are met:

• The activity involves dealing with an emergency or natural disaster — floods meet this requirement, as do bushfires, major storm damage and major accidents.
• The employee engages in the activity as a volunteer (although he/she may still receive an honorarium, gratuity or similar type of ‘payment’).
• The employee is a member of a ‘recognised emergency management body’. This is defined as a body set up as part of a government-prepared plan for coping with emergencies or disasters, and whose main functions involve rescue, securing public safety, protecting property or otherwise responding to an emergency/disaster.
• Either the emergency service organisation requested the employee to take part in the emergency service activity or, if no request was actually made, it would have been reasonable to expect a request to be made if possible to do so. 
• The organisation is otherwise prescribed by Regulations to be eligible.

 Absence from work that is covered includes the following:

• the period of actual engagement in dealing with the emergency
• reasonable travelling time to and from the site of the emergency
• reasonable rest time to allow the employee to recover from the activity.

Source BSW Business Chamber

Many employers use this time of the year to finalise employee remuneration, incentives, bonus and other benefits.

This is an ideal time to ensure that your employment agreements are up to date and that your restraint of trade clauses are in line with current court rulings.

Many employers mistakenly think they are protected only to find out that their employment agreements contained restraints that were invalid, to broad, no specific to the industry or position and leave the employer and their confidential information ‘at risk and exposed’

Have your agreements reviewed in order to give you peace of mind and the comfort that they are documents capable of protecting your valuable business assets.

We at Biz Momentum can assist you. Email info ( a t ) biz – momentum dot com or telephone 61 7 3349 5662 or alternatively  0409 002 365. Operating Australia wide

Biz Momentum has written a number of Associate Employment Agreements that are compliant with Fair Work Modern Awards.

Modern Awards for Chiropractors do not allow percentage of fees payments to Associates however Biz Momentum has written agreements that can achieve the same outcome for your business and Associates.

For further information please contact Biz Momentum on info ( AT ) biz – momentum . com or contact us on 07 3349 5662. We work with Chiropractors in all states and territories of Australia.

An Adelaide company that employed two (2) employees was fined $288,000 for underpaying their two (2) workers less than $4,000.

Many business owners still continue to keep being surprised by the veracity of claims against them and the courts are continuing to take a tough line with employers they believe are deliberately flouting the law.

Employers need to be extra careful about industrial relations compliance and understand that it is not an easy exercise to remain vigilant and up to date with the many changes in addition to complying with modern awards.

Biz Momentum provides employers and businesses with expert advice in each state and territory – get the facts on 07 3349 5662.

Chiropractors you must at a minimum understand the following to protect your business.

1.    Ordinary hours are from 6am to 6pm Monday to Friday. You are not considered a Medical practice which has preferential ordinary hours.

2.    Employees who work outside these hours are considered shift workers in some circumstances and you must pay them a 15% loading on all hours worked that shift. E.g. Employee commences 2pm and finishes 6.30pm a 15% loading is paid on each hour.

3.    Saturday work is paid at penalty rates e.g. time and one half and double time.

4.    Associates cannot be paid an all up rate or a percentage of revenue invoiced by the Associate.

5.    This exposes you to penalty rates, paid annual leave and other benefits you must pay.

6.    Your Chiropractic Assistants working reasonably predictable hours are considered permanent part-time employees and cannot be paid as casuals anymore.

7.    Most Chiropractors (97%) in Australia are in major breach of the new Health Professionals and Support Services Award. This leaves you open to serious risks, fines and penalties. Fines per breach can amount to $33,000.

We at Biz Momentum have developed products and services that assist you in keeping employees as casuals as well as employing Associates in a manner that will not cost you any more than you are currently paying them

For further information ring the Chiropractic Employee Relations Specialists Biz Momentum. We have Chiropractors in every state and territory of Australia.

Contact: 07 3349 5662 for solutions to your unique requirements.

If an employee is given payment for their employee entitlements upon termination of employment in lieu of working any notice period then the Fair Work Act considers that the Superannuation Guarantee is to be paid.

This can be a tricky issue in some situations and depending on your circumstances you should take advice. Redundancy and other forms of termination have different applications to what should or should not be paid or included.

Contact us on +61 7 3349 5662

Biz Momentum has developed a comprehensive employment agreement for Chiropractic Associates that comply with the requirements of Fair Work and the Heath Professions and Support Services Award.

Chiropractors can no longer employ Associates on common law agreements based on an all up rate or a percentage of fees however we have designed a compliant agreement that achieves the same outcome with certain changes.

We have Chiropractors in every state and territory of Australia and are specialists with a vast knowledge of the profession. For further information call +61 7 3349 5662.