The rules for claiming deductions for payments to workers are changing. From 1 July 2019, you can only claim deductions for payments made to your workers where you have met the pay as you go (PAYG) withholding obligation for that payment. Where the PAYG withholding rules require an amount to be withheld, you must: withhold the […]
READ MOREWho’s the Boss? Employee loses redundancy pay after refusing other acceptable employment
The Fair Work Commission (FWC) has reduced an employee’s entitlement to redundancy pay to nil after an employer successfully argued that it obtained ‘other acceptable employment’ for the employee, which the employee had refused. Under section 120 of the Fair Work Act 2009 (Cth) (FW Act), the FWC has the discretion to reduce an employee’s […]
READ MOREWe are looking for the next superstar to join our team in Sydney
Who are we? Australian Payroll Association is reimagining the future of payroll. Payroll has never seen a period of so much change or uncertainty. With regulation and technology seeming to move on a daily basis, both organisations and professionals are struggling to stay across the change, to make sense of it, to make the most of […]
READ MOREAnswers to accessorial liability questions from Athena Koelmeyer
Recently, our Managing Director, Athena Koelmeyer presented a webinar for Payroll HQ‘s Learning Lab subscribers on accessorial liability under the Fair Work Act 2009 (Cth) (FW Act). Here are some of your questions with answers from Athena. What is best practice to avoid being subject to accessorial liability? It is important that anyone involved in […]
READ MORETerminating employees due to long absences: What you need to know
Section 351 of the Fair Work Act 2009 (Cth) prohibits employers from taking adverse action against an employee because of the person’s physical or mental disability. The Federal Court’s decision in Robinson v Western Union has caused consternation among employers by holding that an employer who takes adverse action because of the manifestation of a disability is taking adverse […]
READ MORERedundancy pay exception – ordinary and customary turnover of labour
Employers engaged in contracting sectors – such as providing outsourced services to third parties under contracts for specified periods (e.g. catering, cleaning or maintenance contracts) – cannot assume that they will not have to make redundancy payments if staff are let go when the customer contract ends. Redundancy pay obligations under the Fair Work Act 2009 (Cth) […]
READ MOREIn conTEXT – FWC finds employee not dismissed by text message
Under the Fair Work Act 2009 (Cth), an employee is only protected from unfair dismissal if the employee is actually dismissed. Section 386 of the FW Act sets out the meaning of “dismissed” for this purpose and states that a person has been dismissed if their employment has been terminated on the employer’s initiative or […]
READ MOREMessage from John Shepherd, ATO
I want to clarify that legislation to extend Single Touch Payroll to all employers from 1 July 2019 has not yet passed the Parliament, despite some public commentary that suggests it has. The Treasury Laws Amendment (2018 Measures No.4) Bill 2018 was passed by the Senate this week with proposed amendments to other measures contained in the Bill. The […]
READ MOREAnyone can accessorise: The accessorial liability provisions of the FW Act
Findings of accessorial liability for contraventions of the Fair Work Act 2009 (Cth) (FW Act) are now frequent occurrences. Most commonly, the individuals found to have been involved in contraventions of the FW Act are directors of companies, and those findings of personal liability result from prosecutions brought by the Fair Work Ombudsman (FWO). However, […]
READ MOREAnatomy of an employment contract
It is often said that the essence of the employment relationship is the work/wages bargain – where an employer directs an employee to complete certain work in exchange for wages. However, the reality of the employment relationship is much more complex. To manage these complexities, most employers attempt to cement the terms of the employment […]
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