Here’s a couple of FAQs that we have had a lot on our payroll helpdesk recently.
Q: If an employee terminates and does not give notice, can I deduct the amount from the
A: It will depend on the employee’s award or agreement. Many Awards say that in certain circumstances
an employer can deduct up to one week’s wages from an employee’s pay if they do not provide the
minimum amount of notice. Where an award or agreement allows this, an employer can only deduct
pay from an employee’s wages under the award, not from other entitlements such as annual leave.
Q: What are the recent changes to public holidays in South Australia?
A: The Public Holidays Act 2023 replaces the Holidays Act 1910 and came into effect on 1 January 2024. The
key changes to the Act include:
• When Christmas Day falls on a Saturday, both the Saturday and the following Monday will be Public
Holidays. Previously only the following Monday would have been a Public Holiday, meaning the actual
Christmas Day was not.
• Easter Sunday has now been declared a Public Holiday, aligning South Australia with most other Australian states and territories.
Q: If an employee is getting paid for a keeping in touch day, is this superable?
A: Yes. Keeping in Touch days are the same as any other working days. The only difference is that it doesn’t impact the employee’s entitlement to their unpaid parental leave. Payments made to your employee for working these days are considered Ordinary time earnings, and therefore will be superable. If this means the employee meets the requirements for being entitled to super, the employee must be paid super for these days.
Q: Does leave accrue when an employee is paid for a keeping in touch day?
A: Yes, an employee is entitled to their normal wage and accumulates leave entitlements for each keeping in touch day or part day