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

In recent days Fair Work Australia has recovered significant amounts of employee entitlements underpaid to employees.

It is vitally important to ensure that you pay your employees correctly and that you understand your obligations surrounding termination of employment including payment of notice periods, redundancy payments, severance payment s to name a few.

Biz Momentum can assist you with determining what you must pay your employees and assist you safely navigate Fair Work requirements. 

Recent recoveries by Fair Work included:

• $16,900 for two Fortitude Valley cleaners underpaid their redundancy entitlements
  
• $16,000 for a Kangaroo Point educator underpaid wages in lieu of notice and accrued annual leave on termination of employment
  
• $7400 for a Indooroopilly food and beverage assistant underpaid hourly overtime and penalty rates
  
• $7300 for a manager in the CBD underpaid severance pay

(more…)

The 10 National Employment Standards come into force 1 January 2010 for all employees regardless of whether the employee is considered an award worker or a high income earner by the Fair Work Act.

A high income earner is one who earns more than $108,300 (indexed each year) and is not subject to an award.

These are the minimum entitlements to all employees in Australia covered by Fair Work.

(more…)

The proposed legislation will extend coverage to a wider range of transactions including outsourcings and company re-organisations. The 12-month limitation on transferring industrial instruments (e.g. Collective Agreements) will be removed so transferring instruments now continue until they are terminated or replaced. A transfer of business occurs when

• an employee changes employer,
• the work the employee does for each employer is the same or substantially similar,
• there is a particular connection between the old and new employers, ie either a transfer of assets used in connection with the work or an outsourcing or an insourcing or where the two employers are ‘associated employers’.
  

Where the new employer takes on employees, the application of the transferred industrial instruments is generally limited to those employees, plus any new employees the employer employs where the workplace is industrially instrument-free.

This is a complex area and will require many small businesses to change their remuneration practices and serves as a reminder that if you sell or engage in an merger and acquisition of a business to ensure that you account for employee entitlements in the sale/buy price.