Archive for the 'Awards' Category

Fair Work Fines have increased significantly for employers - $288,000 fines underpaying 2 employees

Wednesday, August 25th, 2010


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 did you know these employment issues?

Sunday, August 22nd, 2010



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.

Superannuation payments on Termination of Employment

Wednesday, August 11th, 2010


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

Employment Agreements for Chiropractic Associates compliant with Fair Work and the Award

Wednesday, August 11th, 2010


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.

Record Sexual Harassment Payment

Thursday, July 29th, 2010


An employee was recently awarded $466,000 plus 90% legal costs for sexual harassment by her employer.

Incidence of sexual harassment is increasing in today’s marketplace and legislation requires that you have policies and procedures to manage these complaints, to manage grievances in a timely and unbiased manner or you will pay the penalty.

Biz Momentum conduct Sexual Harassment investigations and can assist you minimise your risks.

You are urged to take action to protect your business interests.

CHIROPRACTORS YOU MUST COMPLY WITH THE NEW AWARD

Tuesday, July 27th, 2010



Chiropractors’ are covered by a new award, the Health Professional and Support Services Award 2010.

There are significant fines for those that decide not to comply. Recently in a Guild Paper to the Chiropractors’ Association of Australia detailed information was given that demonstrated vast changes are required to be made in the way staff are remunerated.

We at Biz Momentum look after many Chiropractors Australia wide and can assist you comply and reduce costs. We are Chiropractic employee relations specialists to many practices. We have provided the Guild advice to you – it is serious and you must take action now.

Please speak with us on 07 3349 5662 or 0409 002 365 or email us.

There are fines for material breaches of $33,000 per time.  Guild Advice to Chiropractors

Small Business Dismissal Code

Friday, July 23rd, 2010


The federal government have updated the Small Business Dismissal Code. The code contains some new questions that you must answer in order to satisfy the code.

We have made a copy available to you online.

Contact Biz Momentum 61 7 3379 5662 for assistance with dismissals and termination matters.

Small Business Dismissal Code

Paid Parental Leave now locked in

Friday, July 23rd, 2010



Over the next 12 months, Australian employers will face further changes to the minimum safety net of employment entitlements. The Paid Parental Leave Bill 2010 (Cth) received Royal Assent on 14 July 2010, and introduces a national Paid Parental Leave Scheme, which is scheduled to commence on 1 January 2011.

For the first half of 2011, a six-month grace period will apply. In that period employers will be able to “opt-in” to administer parental leave payments, should they choose to do so.

From 1 July 2011, all employers will be obliged to administer the Scheme for their eligible employees.

Overview of the Paid Parental Leave Scheme

The main features of the Scheme are as follows:

  • Subject to qualifying criteria, full-time, part-time and casual employees will be eligible for parental leave payments.
  • Paid parental leave will be a government funded “entitlement” calculated at the Federal minimum wage rate, adjusted annually. This rate is currently $569.90 per week for a full time employee.
  • (more…)

Updated Fair Work Employee Information Statement

Friday, July 23rd, 2010


The federal government have updated the threshold on what amount a person earns before they are considered a high income earning employee and therefore award free. This is effective 1 July 2010.

This means that you must review your agreements where they contain a guarantee of annual income to ensure they comply with the new amount.

For your convenience the NES Fair Work Statement is attached.

For assistance call us at Biz Momentum 61 7 3349 5662 – operating Australia wide.

Fair Work Employee Information Statement July 2010

Factors to consider as to what are Reasonable Additional Hours?

Monday, May 24th, 2010

Reasonable additional hours are additional hours worked each week in access of 38 (or agreed or usual weekly hours for permanent part-time employees’ or casuals) that are considered reasonable after certain factors have been taken into account.

You must consider all the relevant circumstances before deciding if additional hours are reasonable. Some considerations may be: