Archive for the 'Wages and Conditions' 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.

Smoking in the Workplace

Tuesday, August 10th, 2010


Did you know your employees do not have a statutory right to a smoke break in the workplace?

Have you ever added up the cost of the loss of productivity of smoking in your workplace?  You may be very surprised. What seems to be a 10 minute break often rolls into 20 minutes.

Consider doing the following:

  • Have a policy that clearly states that smoking is confined to rest breaks and not your time.
  • Set out why the policy is in force, (e.g. Health & Safety).
  • Specify where employees are allowed to smoke and where they are not. (Different states have different requirements).
  • Identify who is responsible for enforcing the policy.
  • Outline what the consequences of not complying with the policy are.

For further assistance please contact Biz Momentum. We have clients in all states and territories of Australia and advise some international clients. (T) 61 7 3349 5662 (m) +61 409 002 365

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

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.
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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

Long Term Casual Employees

Friday, May 21st, 2010

Having long term casual employees in your business comes with obligations.

Did you know a long term casual employee?

  • Has the right to a claim for unfair and unlawful dismissal.
  • Is entitled to paid long service leave.
  • Must be given a copy of the Fair Work Information Statement.
  • May be entitled to unpaid parental leave (maternity, paternity and adoption leave).

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Paid Parental Leave and your business implications

Tuesday, May 18th, 2010

The commonwealth government has introduced a paid parental leave scheme for all eligible Australians. The scheme is scheduled to begin 1 January 2011 and YOU NEED to be aware of your obligations.

While nothing is set in concrete the government recently released draft legislation which is expected to be passed soon. Basically the scheme provides primary caregivers of newborn children with 18 weeks paid parental leave.

Some of the details are:

  • There will be a phasing in period of 6 months where the draft indicated that the employer will not be required to pay the caregiver and where the caregiver will claim directly from the Family Assistance Office. You will be required to pay eligible primary caregivers from 1 July 2011.

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