REMINDER – CASUAL EMPLOYEE CHANGES
A reminder to Employers regarding recent changes to Workplace Rights and Obligations for Casual Employees.
New Employees – Casual Letter of Engagement
The Casual Letter of Engagement has been updated, in line with the changes. We recommend you contact us if you are Employing new Casuals.
Please contact us if you have any Enquiries – it’s important to get the process right. We will keep you updated with any future changes.
REQUESTING AND REFUSING TO WORK ON PUBLIC HOLIDAYS
The Queen’s Birthday Public Holiday is coming up for most States and Territories and Employers are asking “do Employees have to work on a Public Holiday?”.
Employees do not have to work on a Public Holiday. However, an Employer can ask an Employee to work on a Public Holiday, if the request is reasonable. An Employee may refuse a request to work, if they have reasonable grounds.
Remember, communication is key. It’s important to note – communication is one factor that is assessed on both sides of the ‘reasonable test’.
FAIR WORK COMMISSION – MINIMUM WAGE INCREASE
The Commission’s expert Wage Panel will deliver its decision later this month. It will be interesting to see what the decision contains following last year’s rise of 1.75%, which was delayed for most workers due to the Coronavirus crisis.
We will keep you informed.
REMOVING THE $450 PER MONTH THRESHOLD FOR SUPER GUARANTEE ELIGIBILITY
On 11 May 2021, as part of the 2021-22 Federal Budget, the Australian Government announced – removal of the $450 per month threshold, to expand cover for Super Guarantee to eligible Employees regardless of their monthly pay. This measure is not yet Law.
From 1 July 2022, eligible Employees who earn less than $450 per month, will be paid the Super Guarantee by their Employer, if they satisfy the other eligibility requirements.
RESTAURANT OPERATORS PENALISED $204,120
The Fair Work Ombudsman has secured court-ordered Penalties against the operator of an Italian eatery in South Yarra. The Federal Circuit Court has imposed a $170,100 Penalty against the Company and $34,020 against the Company’s sole Director.
The Company admitted to having underpaid 40 Employees a total of $53,850, between December 2017 and June 2018. It paid flat Hourly Rates, in some cases as low as $18 per hour for its Casuals, which failed to meet minimum Hourly Rates, Casual Loading, Overtime Rates and various Penalties owed under the Restaurant Industry Award.
The Company also did not provide adequate Meal Breaks, failed to keep Records including time records, and did not undertake required Reconciliations for Full-Time Annualised Salary Employees.
Employers should contact us if they have any Enquiries, in relation to Compliance.
If you need any Advice on the above mentioned, or any other Workplace Relations matters, please do not hesitate to contact us.