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The Real Estate Industry Award is about to see significant changes.

The Fair Work Commission (FWC) has outlined significant changes to the Real Estate Industry Award 2010 (REI Award). The potential changes are outlined below but it should be noted that they are yet to be formally confirmed at this point in time.

An increase to minimum Award wages

The minimum Award rate of pay for Real Estate Employees will be increased. The increases are yet to be confirmed.

Increase to Minimum Income Threshold

The Minimum Income Threshold is currently 110% of the minimum wage for the employee’s Award classification. The FWC has expressed a “provisional view” that the Minimum Income Threshold will increase to 125% of the rate for the employee’s Award classification.

Commission only review and cancellation

In addition, the FWC decided to introduce a commission-only ‘review and cancellation’ provision. This provision will mean employers will need to annually review the gross income of a commission-only employee and where that income falls below the Minimum Income Threshold amount, the employee cannot continue to be employed on a commission-only basis.

Allowances provisions

In addition to these disputed changes, there are potentially new allowances to be included in the new Award. These relate to:

  • the introduction of a new mobile phone allowance provision
  • an alteration to the entitlement to commission or bonuses after termination of employment
  • the introduction of a new motor cycle allowance
What should employers do now?

Employsure anticipates the proposed changes will come into effect on 2 April 2018. In the coming months, we will keep Real Estate industry clients informed as the matter progresses through the FWC and more details are finalised. Employsure will be providing more detailed information relating to this important decision.

For more information please contact Employsure on 1300 651 415.

The post Major changes to the Real Estate Industry Award coming. appeared first on Employsure.

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Sick and carer’s leave (also known as personal leave or personal / carer’s leave) allow permanent employees to take time off to help them deal with personal illness, caring responsibilities, and family emergencies.  Under the National Employment Standards, all employees (except casual employees) get paid sick leave based on their ordinary hours of work.

Part-time employees get the same minimum entitlements as a full-time employee, based on how many hours they work each week.

How to calculate sick leave for part-time employees.

The amount of sick leave will be calculated on the basis of an accrued annual entitlement and part-time employees will receive an amount pro-rata to the entitlement of your full-time employees. For example, a full-time worker working five days a week may receive 10 days of sick leave in a year. Therefore, a part time worker working an average of two and a half days a week would then receive five days of sick leave.

The leave year starts on each employee’s start date, with their entitlement accruing from there and rolls over year to year.  In other words, the balance at the end of each year carries over to the next year. However, employees are not entitled to have accrued personal leave paid out on termination, unless it is specified in their contract of employment, Award or Enterprise Agreement.

Remember, if an employee is entitled to sick leave, they must be paid at least their base rate of pay for their ordinary hours of work whilst on personal/career’s leave, unless their Award, Enterprise Agreement or contract provides a greater entitlement.

The post Do part-time staff get paid sick leave? appeared first on Employsure.

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Compliance issues like underpayments, record keeping failures, fatigue management, unpaid training, and overtime loom large in the news.

Non-compliant businesses a target for FWO.

The Fair Work Ombudsman (FWO) has pursued non-compliant business, in fact, between 2016-17 the FWO received over 26,000 requests for assistance regarding a workplace dispute. Further, the FWO has announced increased intelligence gathering and analysis to identify suspected non-compliant businesses for auditing.

Compliance with workplace laws is much more than just a box-ticking exercise. Your workplace must be governed by workplace policies and workforce management practices which ensure your workplace is fair and safe. Businesses that look at compliance simply as a ‘get it done’ job must change their mindset. For some businesses, it is a lack of formal processes or inadequate technology which is causing the oversight of regulations. For others, failure to understand the complex Australian laws and how they are applied in different industries can be a factor. But some businesses are simply taking shortcuts to save time and money without considering the bigger picture and the risks to their employees and business brand.

Long lasting benefits.

The likelihood of a brand-damaging workplace breach is a real risk to business. There are complex rules, regulations, Awards and Agreements to grapple with as well as the fact humans are not exactly a science.

Failing to comply can also affect the wellbeing of employees and can even have flow-on impacts on customers. Workers who are fatigued can put themselves in danger and those without current qualifications and training to undertake the job at hand can leave a business exposed to large fines. Good Employers take an active interest in employee mental and physical health and in creating work/life balance to protect and invest in their employees. The benefits of this go beyond complying with workplace regulations and can increase engagement, productivity, lead to greater job satisfaction, and build stronger retention rates.

What can employers do?

Taking a proactive approach to compliance can ensure your business is protected. Stay up to date with:

  • all documentation (including Company policies, procedures and contracts)
  • Modern Award updates and changes to Australian Standards / Safe Work Codes of Practice
  • employee entitlements
  • legislative changes to the Fair Work Act 2009 and state specific Health and Safety legislation
  • record keeping needs (contained in the Fair Work Regulations 2009 and applicable tax legislation)
  • risk assessments and continuous improvement, especially when adding new workstations or machinery

We recommend scheduling an annual compliance review to ensure no important areas are neglected. Contact Employsure  on 1300 651 415 for further advice, or to book a consultation.

The post You can’t cut corners on compliance. appeared first on Employsure.

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In 2016, many Australian employers welcomed the Fair Work Commission’s (FWC) decision to cut penalty rates for Sunday and public holiday rates in the retail and hospitality industries. Now, the FWC is making another wave of changes that Senior Employment Relations Adviser of Employsure Andrew Spiteri says is “yet another financial burden on industries running on thin margins.”

The various changes apply to the fast food, restaurant, retail, hospitality, hair and beauty, social and community care industries; amongst a total of 13 Modern Awards. The changes take effect from the start of the first full pay period starting on or after 1 January 2018.

Broadly, the changes provide part-time employees with greater flexibility of rosters and provide casuals the entitlement to overtime penalty rates – an entitlement not previously given to casual employees.

Under the updated provisions, some casuals are now entitled to overtime penalty rates for work they perform in excess of 38 hours per week.

Andrew encourages employers to start getting prepared. “It’s so important to be across these changes and check if the new rates apply to your business. Get the right advice to avoid paying the expensive price of getting it wrong.”

See below for the specific changes to each award and for any questions, please contact Employsure on 1300 651 415.

Awards that have changed:

The post Changes to Modern Awards 1 January 2018. appeared first on Employsure.

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The Fair Work Commission has issued an amendment to the Horticulture Award 2010.

What is the amendment?

The FWC amended the coverage clause in the Award to confirm that the Horticulture Award 2010 covers employees in a horticultural enterprise that are performing work such as packing, storing, grading, washing and treatment of horticultural crops, regardless of where that work is being carried out eg whether it is being carried out at the same location as the crops are grown or at a centralised washing and packing facility.

What do employers do now?

It is important that employers get Award coverage correct in order to ensure that they are paying the correct rates to their employees. For advice on how this amendment might impact your business contact Employsure on 1300 651 415.

The post Changes to the Horticulture Award 2010. appeared first on Employsure.

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The Fair Work Commission has issued changes to the Alpine Resorts Award 2010, which will take effect from the start of the first full pay period starting on or after 1 January 2018.

What are the changes?

The changes provide for the following:

  • removal of the 8.33% loading for seasonal employees
  • inclusion of annual leave loading (at 17.5% of the base rate of pay)
  • application of overtime penalty rates to casual employees
What do employers do now?

The changes take effect from the start of the first full pay period starting on or after 1 January 2018 so it is important that employers ensure they are paying employees the correct rates, taking the above into account.

In order to help you ensure you have the most appropriate rates for employees in your organisation, Employsure will have new pay rate schedules available in the new year. These can be found on MyEmploysure Portal.

  • If you are a MyEmploysure Portal user, click here.
  • If you have not yet registered for MyEmploysure Portal, please click here.

For advice on the changes and the updated rates contact Employsure on 1300 651 415.

The post Changes to the Alpine Resorts Award 2010. appeared first on Employsure.

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The Fair Work Commission has issued changes to the Fast Food Industry Award 2010, which will take effect from the start of the first full pay period starting on or after 1 January 2018.

What are the changes?

Under the updated provision, casual employees are now entitled to overtime penalty rates for work they perform in excess of 38 hours per week (or, where they work on a roster, they perform work for more than 38 hours per week averaged over a roster cycle) or if they work more than 11 hours in any one day.

The rate at which casual employees should be paid for these overtime hours is 175% of the ordinary hourly rate for the first two hours on any one day and 225% of the ordinary hourly rate thereafter. If these overtime hours are performed on a Sunday, the rate will be 225% of the ordinary hourly rate.

These penalty rates are not cumulative on the casual hourly rate of pay.

What do employers do now?

The changes take effect from the start of the first full pay period starting on or after 1 January 2018.

In order to help you ensure you have the most appropriate rates for employees in your organisation, Employsure will have new pay rate schedules available in the new year. These can be found on MyEmploysure Portal.

  • If you are a MyEmploysure Portal user, click here.
  • If you have not yet registered for MyEmploysure Portal, please click here.

For advice on the changes and the updated rates contact Employsure on 1300 651 415.

The post Changes to the Fast Food Industry Award 2010. appeared first on Employsure.

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The Fair Work Commission has issued changes to the General Retail Industry Award 2010, which will take effect from the start of the first full pay period starting on or after 1 January 2018.

What are the changes?

Under the updated provision, casual employees are now entitled to overtime penalty rates for work they perform in excess of 38 hours per week (or, where they work on a roster, they perform work for more than 38 hours per week averaged over a roster cycle). In addition, casual employees will be entitled to overtime penalty rates for hours worked outside the span of hours for each day or more than nine hours per day, provided that one day per week, a casual may work 11 hours without attracting overtime penalties.

The rate at which casual employees should be paid for these overtime hours is 175% of the ordinary hourly rate for the first three hours and 225% of the ordinary hourly rate thereafter. The overtime rate for casual employees on a Sunday is 225% of the ordinary hourly rate and 275% of the ordinary hourly rate on a public holiday.

What do employers do now?

The changes take effect from the start of the first full pay period starting on or after 1 January 2018.

In order to help you ensure you have the most appropriate rates for employees in your organisation, Employsure will have new pay rate schedules available in the new year. These can be found on MyEmploysure Portal.

  • If you are a MyEmploysure Portal user, click here.
  • If you have not yet registered for MyEmploysure Portal, please click here.

For advice on the changes and the updated rates contact Employsure on 1300 651 415.

The post Changes to the General Retail Industry Award 2010. appeared first on Employsure.

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The Fair Work Commission has issued changes to the Hair and Beauty Industry Award 2010, which will take effect from the start of the first full pay period starting on or after 1 January 2018.

What are the changes?

Under the updated provision, casual employees are now entitled to overtime penalty rates for work they perform in excess of 38 hours per week (or, where they work on a roster, they perform work for more than 38 hours per week averaged over a roster cycle) or if they work more than 10.5 hours in any one day.

The rate at which casual employees should be paid for these overtime hours is 175% of the ordinary hourly rate for the first three hours and 225% of the ordinary hourly rate thereafter.

What do employers do now?

The changes take effect from the start of the first full pay period starting on or after 1 January 2018.

In order to help you ensure you have the most appropriate rates for employees in your organisation, Employsure will have new pay rate schedules available in the new year. These can be found on MyEmploysure Portal.

  • If you are a MyEmploysure Portal user, click here.
  • If you have not yet registered for MyEmploysure Portal, please click here.

For advice on the changes and the updated rates contact Employsure on 1300 651 415.

The post Changes to the Hair and Beauty Industry Award 2010. appeared first on Employsure.

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The Fair Work Commission has issued changes to the Hospitality Industry (General) Award 2010, which will take effect from the start of the first full pay period starting on or after 1 January 2018.

What are the changes?

The changes to the Hospitality Industry (General) Award 2010 fall broadly into two categories: providing for greater flexibility in rostering of hours for part-time employees and providing for the entitlement to overtime penalty rates by casual employees.

Greater flexibility in rostering of hours for part-time employees.

The new provisions in the award allow for greater flexibility in rostering part-time employee hours. The new provisions provide as follows:

  • at the start of the employment, the employer and part-time employee agree, in writing, on the number of hours of work guaranteed to be provided to that employee (either per week or per roster cycle) and the employee’s availability to work those guaranteed hours
  • the employer then rosters the guaranteed hours within the employee’s availability, providing that the employee must have two days off each week
  • changes in the number of guaranteed hours can only occur with the written permission of the employee
  • the employee will have a right to request an increase in their guaranteed hours where they have regularly worked more than their guaranteed hours in the preceding 12 months. This request can only be refused on reasonable business grounds
  • if there is a genuine and ongoing change in the employee’s circumstances, they may alter their availability by providing 14 days’ written notice to the employer.

If the part-time employee already has a written agreement in place for a regular pattern of work, they are entitled to continue being rostered in accordance with that agreement unless that agreement is replaced with a new one that complies with the above criteria.

Overtime penalty rates for casual employees.

Another change to the award entitles casual employees to overtime penalty rates, specifically providing as follows:

  • overtime penalty rates are payable to casual employees for time worked in excess of 12 hours in a day or 38 hours in a week (or, where they work on a roster, they perform work for more than 38 hours per week averaged over a roster cycle, which cannot be more than four weeks)
  • the relevant overtime rate to be paid is the same as for full-time employees
What do employers do now?

The changes take effect from the start of the first full pay period starting on or after 1 January 2018.

In order to help you ensure you have the most appropriate rates for employees in your organisation, Employsure will have new pay rate schedules available in the new year. These can be found on MyEmploysure Portal.

  • If you are a MyEmploysure Portal user, click here.
  • If you have not yet registered for MyEmploysure Portal, please click here.

For advice on the changes and the updated rates contact Employsure on 1300 651 415.

The post Changes to the Hospitality Industry (General) Award 2010. appeared first on Employsure.

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