Just in case you didn’t know a lot has happened over the past year in the IR & HR space and as such there have been a heap of changes that you may not be aware of! Here is a quick summary:
- New obligations for employers under Modern Award annualised wage terms to come into effect in 2020 – so if you are paying employees all in salaries that are covered by an Award you may need to review your contractual arrangements
- Parental Leave legislation has changed so you need to update your Parental leave policy
- Domestic Violence Leave was introduced so you need to update your Leave Policy
- Stricter rules around minimum wages and audits of underpayments around overtime and Award have come into effect with many companies being fined for underpayment of wages and penalties and overtime
- Changes around the rules regarding casual employment have come into effect so you may need assistance reviewing any long terms casuals in your business including your contracts
- On 21 August 2019, the Full Federal Court of Australia handed down a decision in Mondelez Australia Pty Ltd v AMWU  FCAFC 138. The decision deals with the method of accruing and taking paid personal/carer’s leave for the purposes of the National Employment Standards under the Fair Work Act 2009. Essentially this means that all leave must be calculated in working days, not hours. A working day is the portion of a 24 hour period that an employee would otherwise be working. This may mean you need to make changes to your Leave policy, contracts and or your Payroll policy
- Changes around labour hire employment and who can and can’t use this model within their business has come into effect, so if you are using contractors or labour hire you need to be across the new rules
- Changes around obligations for employers around supporting employees with mental health issues have been brought into effect and we recommend updating your OHS, Well-being & Leave Policies
- Salary Cap for Unfair Dismissal increased from $145,400 to $148.700. So employees earning more than $148,700 base salary per annum, and who are not covered by an award , cannot claim unfair dismissal. Base salary does not include 9.5% superannuation and at-risk remuneration, but does include the value of other guaranteed monetary or non-monetary benefits.
- Redundancy Tax Concessions have changed – in a genuine redundancy payment, $10,638 plus $5,320 for each year of completed service is tax free.
- Employment Termination Payment cap $210,000. For more information, please see: Applying the ETP caps (ATO).
- Fair Work Information Statement – This document must be given to all employees on commencement of employment. It is crucial for employers to view the updated version for 2019-2020. For more information, click here.
- Minimum wage and Modern Award rates all increased on the 1 July 2019 you need to ensure you are paying the minimum amounts to avoid fines.
- Miscellaneous Award 2010 is continually being amended to include new job roles and classifications as new roles are created so you may need to check whether previously Award Free employees or jobs are now Award covered.
We know this is A LOT to take in and don’t fret as we are here to help you deal with all this new complexity! We have been continually updating all of our templates and contracts within HR in a Box and so we have some special offers if you would like to so a spring clean and ensure you are ahead of the game!
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Emily & the HR Gurus team
The content of this email is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances if needed.