Taking over a business
If you have made a decision to either buy a business or sell a business
from 1 January 2010 the National System rules under the Fair Work
Act 2009 are applicable. These rules are known as transfer of
business.
When does a transfer of business occur?
When an employee is transferred to an employer that is an associated
entity (S50AAA of the Corporations Act 2001) of the previous
employer, service with the previous employer will be deemed to be
continuous for the purposes of all service-related National
Employment System employer.
It is important to seek advice from either a solicitor or
accountant. Ask them, when the due diligence process is undertaken,
for the amount of employee entitlements that need to be considered
as either a liability or an asset.
This is important as the new owner may become liable for any
entitlement, like sick leave, annual leave or long service leave
that employees take once they own the business.
Compliance
NSW Industrial Relations conducts regular visits to workplaces across
the state to provide information and advice about employer and
employee rights and obligations. This role will continue under the
National System from 1 January 2010.
Inspectors for NSW Industrial Relations will have dual authority
(NSW and Fair Work Inspectors). Inspectors will be visiting
employers which have been identified as transitioning to the
National System. Transitional Education Visits will be
undertaken throughout 2010 in order to educate employers that are
affected by the changes.
The visits will be part of an ongoing educational and compliance
program aimed at assisting in the transition period. The primary
focus is ensuring that employees and employers in New South Wales
understand their rights and obligations. This will be achieved
through workplace visits, seminars, workshops, publications and
online services.
Investigations of alleged breaches of the Fair Work Act will
be investigated by the Fair Work Ombudsman please refer any
industrial complaints to Fair Work Online.
Workplace inspections
A Fair Work Inspector may need to inspect your workplace in
response to a complaint or as part of an audit campaign to ensure
compliance.
About Fair Work Inspectors
Fair Work Inspectors from the Fair Work Ombudsman (FWO) and NSW
Industrial Relations are government officials responsible for
investigating and enforcing compliance with national workplace
relations laws.
Inspectors are independent and impartial and have no bias toward one
outcome over another.
Employer associations
Members of employer associations are generally employers who operate in
the same or related industries. These associations represent the
industrial (and sometimes the commercial or trade) interests of
their member companies and organisations.
Employer associations are usually respondents to the awards covering
their members' employees. In Australia, employers' associations can
be registered under the various state and federal acts as industrial
organisations or unions.
Links to Employer Organisations
-
Australian Business Limited (ABL)
-
Australian Chamber of Commerce & Industry (ACCI)
-
Australian Industry Group (AIG)
-
Australian Mines & Metals Association (AMMA)
-
Business Council of Australia (BCA)
-
Chamber of Commerce (NSW)
-
Chamber of Commerce & Industry - ACT
-
Chamber of Commerce & Industry - NT
-
Chamber of Commerce and Industry - QLD
-
Chamber of Commerce & Industry - TAS
-
Chamber of Commerce & Industry VIC (VECCI)
-
Chamber of Commerce & Industry - WA
-
Employers First
-
Graphic Arts Services Association of Australia
-
Printing Industries Association of Australia
Taxation and superannuation
Taxation and other pay deductions
Deductions may be required by law
Some laws require employers to deduct money from employees' pay. The
most obvious example is the requirement under Federal income
taxation laws to deduct income tax instalments from employees'
remuneration.
For more information about taxation deductions contact the
Australian Taxation Office.
Courts and agencies may order pay deductions
Some courts are empowered to order employers to deduct money from
employees' pay. This is known as a 'garnishee order'. Some Federal
agencies, including the Child Support Agency can also order an
employer to deduct money from an employee's pay. In these
circumstances, the employer will receive a formal notice from the
court or agency, which explains the required deductions.
Awards may permit an employer to deduct pay
Some awards and enterprise agreements permit employers to deduct
money from an employee's pay for specific items provided to the
employee. Common circumstances include the costs of
accommodation/lodging or services provided to the employee.
Employers should contact the Fair Work Infoline on 13 13 94 to check
whether the relevant award allows deductions.
Superannuation
The Superannuation Guarantee affects all employers and most
employees. The minimum amount of superannuation support to be
provided for employees is 9%
Superannuation contributions must be made into a complying
superannuation fund or Retirement Savings Account (RSA), such as the
Australian Superannuation Savings Employment Trust (ASSET) or the
Health Employees Superannuation Trust Australia (HESTA) or an
alternative complying superannuation fund.
Workplace safety and workers compensation
Workplace safety
All workers can contract illness or disease, or sustain injuries
from accidents as a result of their day to day work activities. The
management of occupational health and safety (OHS) in the workplace
aims to reduce the likelihood and severity of illness and injuries
at work.
Occupational health and safety legislation is administered by
WorkCover in NSW.
WorkCover NSW is a statutory authority within the portfolio of the
Minister for Finance. Its primary objective is to work in
partnership with the NSW community to achieve safe workplaces,
effective return to work and security for injured workers.
Workers’ compensation
Workers’ compensation provides valuable protection to workers and
their employers in the event of a workplace-related injury or
disease. Through workers’ compensation, injured workers can receive
weekly payments to cover loss of earning capacity and payment of
medical expenses. They may also be eligible to receive vocational
rehabilitation expenses, where necessary, to assist them return to
work.
All NSW employers must have a workers compensation policy to insure
themselves against compensation claims for workplace injuries.
WorkCover NSW regulates the New South Wales workers compensation
system. The system is comprised of:
-
The New South Wales Workers Compensation Scheme
-
Self and Specialised Insurers who bear their own liabilities and
claims risk
-
Treasury Managed Fund
Pay slips
Both NSW and federal industrial relations laws require employers to
provide employees with pay slips and to keep certain time, wage and
leave records.
How should employees be paid?
Employee's pay (including overtime) must be in cash or by cheque or
electronic funds transfer. However, if the employee is paid by
cheque or electronic funds transfer they must give their approval to
be paid in this way. The employee's award or enterprise agreement
may list the method of payment.
What information should be on an employee's pay slip?
An employer must provide employees with pay slips each time they are
paid. The pay slip must contain the following information:
-
name and ABN of the employer
-
name of employee
-
classification of the employee under their award or enterprise
agreement - including full-time, part-time and casual status
(recommended only)
-
date when the payment was made
-
period of employment to which the payment relates
-
the amount of money paid before tax (gross amount) (including
overtime and other payments)
-
amount paid as overtime or information to allow the employee to
calculate the amount of overtime
-
amount deducted for tax
-
any amount deducted by the employee for superannuation
-
particulars of all other deductions
-
amount paid after tax (net amount)
-
If the employee is paid an hourly rate - the ordinary hourly pay
rate and number of hours worked at that rate and the amount of
pay at that rate
-
If the employee is paid an annual rate (salary), the rate as at
the last day in the pay period
-
If you are required to pay superannuation contributions for your
employee’s benefit, they should include:
-
the amount of each superannuation contribution made during
the period to which the pay slip relates, or the amounts of
contributions that you are liable to make; and
-
the name or the name and number of the superannuation fund
you put or will put superannuation contributions into.
See a
sample pay slip.
When are employees to be paid?
Awards and enterprise agreements usually list how often an employer
must pay their employees (weekly, fortnightly etc). Casual employees
can be paid at the end of each day's employment. However, if an
employee requests it the employer must pay them at least
fortnightly.
Superannuation Contributions
If an employer is required to make superannuation contributions for
an employee according to an award or enterprise agreement, the
employer must keep the following records:
-
amount of contributions made*
-
period over which contributions are made*
-
when the contributions are made*
-
name of the fund or funds to which the contributions are made
and whether that fund is specified in the award or enterprise
agreement or by the employee.
These records are not required in the cases of contributions to a
defined benefit superannuation fund within the meaning of the
Occupational Superannuation Standards Regulations of the
Commonwealth Government.
Leave entitlements
From 1 January 2010 all NSW private sectors employers will join the
national system.
NSW Industrial Relations will continue to provide information on the
NSW Long Service Leave Act 1955. This act entitiles
full-time, part-time and casual workers in New South Wales to paid
long service leave after working for an unbroken period of ten years
with an employer.
Leave entitlements depend on whether the employee is employed on a
permanent, part-time, temporary or casual basis.
|
Payroll tax |
|
|
|
|
|
|
|
|
|
|
|
Extension of time to pay your December payroll tax
return |
|
|
|
|
|
|
|
|
|
|
The due date for payment of the December return has
been extended to Thursday 14 January 2010. |
|
|
|
|
|
|
|
|
|
|
When are wages liable? (new nexus provisions) |
|
|
|
|
|
|
|
|
|
|
From 1 July 2009 the process of determining
liability for payroll tax has been changed to
specify the employee’s principal place of residence
as the primary nexus where employees perform
services in more than one jurisdiction during a
month. |
|
|
|
|
|
|
|
|
|
|
When the employee does not have a principal place of
residence in Australia, or where it cannot be
identified, the employer’s ABN registered address
will be used. |
|
It is recognised that there may be transitional and
implementation issues for some employers who may
have to make changes to their payroll systems. In
NSW, it is permissible for anyone facing such
transitional issues to make any necessary
adjustments without penalty as part of the annual
reconciliation process for the 2009/10 assessment
year. |
|
|
|
|
|
|
|
|
|
|
It is stressed that these changes only affect wages
for workers providing their services across
jurisdictions. Where a worker provides their
services solely in one jurisdiction, as is the case
for the majority of workers, tax will continue to be
paid to the jurisdiction where those services are
performed. |
|
|
|
|
|
|
|
|
|
|
More information |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
When are wages liable? |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
From 1 July 2009 to 30 June 2010 the threshold is
$638,000 |
|
|
|
From 1 July 2009 to 31 December 2009 the rate is
5.75% |
|
|
|
From 1 January 2010 to 30 June 2010 the rate is
5.65% |
|
|
|
Employers, or a group of related businesses, whose
total Australian wages exceed the current NSW
monthly threshold, are required to pay NSW payroll
tax. |
|
|
|
|
|
|
|
|
|
|
Monthly threshold |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
28 days = $48,942 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
30 days = $52,438 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
31 days = $54,186 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Each monthly payment or 'nil' remittance is due
seven days after the end of each month or the next
business day if the seventh day is a weekend or
public holiday (ie August payment is due by 7
September). The annual reconciliation and payment or
'nil' remittance is due by 21 July. |
|
|
|
|
|
|
|
|
|
|
More information |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Registering for payroll tax |
|
|
|
|
|
General information |
|
|
|
|
|
|
Interest and penalties |
|
|
|
|
|
|
Payroll tax arrangements for apprentices and
trainees |
|
|
|
Harmonisation of NSW, Victorian and Tasmanian
legislation |
|
|
|
Payroll Tax Incentive Scheme (PTIS) |
|
|
|
|
|
Payroll Tax Act 2007 |
|
|
|
|
|
|
Pay-roll Tax Act 1971 |
|
|
|
|
|
|
Taxation Administration Act 1996 |
|
|
|
|
|
Payroll tax frequent questions 2009 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Registering for
payroll tax |
|
|
|
|
|
|
|
|
|
|
When to register for payroll tax |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Employers, or a group of related businesses, whose
total Australian wages exceed the current NSW
monthly threshold, are required to pay NSW payroll
tax. |
|
|
|
|
|
|
|
|
|
|
Monthly threshold |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
28 days = $48,942 |
|
|
|
|
|
|
30 days = $52,438 |
|
|
|
|
|
|
31 days = $54,186 |
|
|
|
|
|
|
As an employer you must register with OSR within
seven days after the month in which your wages first
exceed the current NSW monthly threshold. When you
register we will advise you if you need to pay your
payroll tax monthly or annually. |
|
|
|
|
|
|
|
|
|
|
How to register for payroll tax |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
To register for payroll tax: |
|
complete and lodge your application for registration
online using the payroll tax online registration
form. |
|
|
|
|
|
|
|
|
|
|
Payroll tax arrangements for Government departments
and authorities |
|
|
|
|
|
|
|
|
|
|
|
|
Following the recent public sector reforms that
resulted in the formation of 13 new super agencies,
those departments and agencies which previously
lodged separate payroll tax returns and paid a flat
rate of tax (that is, without claiming a threshold)
may continue to lodge separate returns under the
arrangements that applied prior to the reforms.
However, they should notify OSR of changes in name
or other details (including any change in ABN).
Where agencies have been amalgamated with another
agency and will no longer be lodging separate
returns, they should notify OSR, advising the date
of the changes (including changes to their ABN) and
details of the agency whose monthly return will
include their wages. Any inquiries should be
directed to 1300 139 815. |
|
|
|
|
|
|
|
|
|
|
Allowances |
|
|
Allowances are usually a specific amount paid in
addition to an agreed salary, such as meal
allowances, tool allowances, uniform allowances and
overtime allowances. One of the largest areas of
non-compliance with the legislation is in the
declaration of allowances. |
|
|
|
|
|
|
|
|
|
|
All allowances paid by an employer to an employee
are liable for payroll tax except for the exempt
component of allowances paid for overnight
accommodation and use of the employee's own motor
vehicle for work purposes. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Apprentice and trainee wages |
|
|
|
|
|
|
|
|
|
|
Employers are required to include the wages and
salaries paid to apprentices and new entrant
trainees in their payroll tax calculation. |
|
We administer an offset rebate scheme by allowing
the rebate amount to be calculated and offset
against both the monthly payroll tax payments and
annual reconciliation calculation. This offset
facility is provided through our online services. |
|
Alternatively, if you use your own software or a
commercial package such as MYOB to calculate your
monthly payment, you have the option of either
determining your own monthly offset or claiming it
at the end of the financial year. |
|
|
|
|
|
|
|
|
|
|
Bonuses, commissions, consultant payments |
|
|
|
|
|
|
|
|
|
|
Bonuses |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Bonuses that do not relate to any particular month
are taken to be paid in relation to services
performed in the month in which they are paid. So a
bonus paid annually in June could relate to services
rendered for the entire financial year or a bonus
paid quarterly could be for the preceding three
months. |
|
|
|
|
|
|
|
|
|
|
There is no proportioning of bonuses across states
or territories. If an employee works across
different states or territories in a month, but
receives their bonus in a NSW account, then the
liability for payroll tax will be in NSW. |
|
|
|
|
|
|
|
|
|
|
Example |
|
|
|
|
|
|
|
1. An employee has a Victorian bank account but
works full time in NSW in May and June. The annual
bonus paid on 30 June then becomes liable for NSW
payroll tax, as the employee worked only in NSW, in
the month the bonus was paid. |
|
2. An employee has a NSW bank account and receives
an annual bonus on 30 June having worked in both
Victoria and South Australia in June. All of the
bonus is liable in NSW, as the employee is paid in
NSW and did not work wholly in any one State or
territory. |
|
|
|
|
|
|
|
|
|
|
Contractor and consultant payments |
|
The contractor provisions, were included in the
legislation to tax contractor payments when
contractors provide services similar to employees.
There are six general exemptions and three specific
exemptions available. The purpose of these
exemptions is to filter out independent contractors
who provide their service to the public generally.
Read contractors for more information. |
|
|
|
|
|
|
|
|
|
|
Commissions |
|
|
|
|
|
|
|
|
Commissions are all payments based on sales and are
liable even if they are the only payments received
by an employee. |
| |
|
|
|
|
|
|
|
|
Bonuses, commissions, consultant payments |
|
|
|
|
|
|
|
|
|
|
Bonuses |
|
|
|
|
|
|
|
| |
|
|
|
|
|
|
|
|
Bonuses that do not relate to any particular month
are taken to be paid in relation to services
performed in the month in which they are paid. So a
bonus paid annually in June could relate to services
rendered for the entire financial year or a bonus
paid quarterly could be for the preceding three
months. |
|
|
|
|
|
|
|
|
|
|
There is no proportioning of bonuses across states
or territories. If an employee works across
different states or territories in a month, but
receives their bonus in a NSW account, then the
liability for payroll tax will be in NSW. |
|
|
|
|
|
|
|
|
|
|
Example |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1. An employee has a Victorian bank account but
works full time in NSW in May and June. The annual
bonus paid on 30 June then becomes liable for NSW
payroll tax, as the employee worked only in NSW, in
the month the bonus was paid. |
|
2. An employee has a NSW bank account and receives
an annual bonus on 30 June having worked in both
Victoria and South Australia in June. All of the
bonus is liable in NSW, as the employee is paid in
NSW and did not work wholly in any one State or
territory. |
|
|
|
|
|
|
|
|
|
|
Contractor and consultant payments |
|
|
|
|
|
|
|
|
|
|
The contractor provisions, were included in the
legislation to tax contractor payments when
contractors provide services similar to employees.
There are six general exemptions and three specific
exemptions available. The purpose of these
exemptions is to filter out independent contractors
who provide their service to the public generally.
Read contractors for more information. |
|
|
|
|
|
|
|
|
|
|
Commissions |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Commissions are all payments based on sales and are
liable even if they are the only payments received
by an employee. |
|
|
|
|
|
|
|
|
|
|
Directors Fees and other payments |
|
|
|
|
|
|
|
|
|
|
Directors fees are liable and are to be included in
the company's wages, in respect of the month in
which these fees are paid or are payable. |
|
|
|
|
|
|
|
|
|
|
A difference exists between working and non-working
directors only in relation to allowances, and the
provision of meals and quarters. Bona fide
allowances paid to non-working directors for
expenses incurred in carrying out the duties of
their office are not treated as remuneration and so
are not subject to payroll tax. Similarly, the value
of quarters and/or meals provided to non-working
directors is not included. |
|
|
|
|
|
|
|
|
|
|
Where such allowances are paid to salaried working
directors, the amount of those allowances is to be
included in the wages total for payroll tax.
Similarly, the value of quarters and/or meals
provided to these directors is to be included in the
wages total, unless those payments are
reimbursements of expenses against receipts. |
|
|
|
|
|
|
|
|
|
|
Employment agencies |
|
Provisions |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Employment agents are liable for payroll tax on all
employment agency contracts that are not contracts
of employment between the contract worker and the
client. That is, liability arises where the agent
has an ongoing interest or role during the period of
'employment'. |
|
|
|
|
|
|
|
|
|
|
If an agent only receives a 'one-off' fee to place a
person with an end-user employer under a contract of
employment between the contract worker and that
employer, the provisions do not apply. This is
because the employer of that worker accepts the
employer/employee relationship, and is responsible
for any liability. |
|
|
|
|
|
|
|
|
|
|
The provisions define an employment agency contract
as a contract under which a person provides a
contract worker for a client and as a result
receives payment, either directly or indirectly. A
contract worker includes a natural person,
partnership corporation or trust. |
|
|
|
|
|
|
|
|
|
|
An employment agency contract is not a relevant
contract under the contractor provisions. This means
that none of the contractor exemptions apply. |
|
|
|
|
|
|
|
|
|
|
The provisions apply equally to employment agents
and labour hire firms and provide certainty because: |
|
|
|
|
|
|
|
|
|
-
the
person who provides the worker is the liable
employer
|
-
the
monies received by the worker are the liable
wages
|
-
none
of the relevant contractor exemptions apply.
|
|
What is liable? |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Any monies, benefits and superannuation
contributions paid/payable to or on behalf of the
contract worker are liable wages for the employment
agency. |
|
|
|
|
|
|
|
|
|
|
What is not liable? |
|
|
|
|
|
|
|
|
Where an employment agent only receives a 'one-off'
fee to place a person with an end-user employer
under a contract of employment between the contract
worker and that employer, the agent is not liable in
respect of that contract. This is because the
employer of that worker accepts the
employer/employee relationship, and is responsible
for any liability. |
|
Agency/labour hire firm contracts are not liable for
payroll tax where the end-user client of the agency
signs an approved declaration form stating they are
an employer paying exempt wages (such as public
hospital or charitable body). |
| |
|
|
|
|
|
|
|
|
Employment termination payments |
|
A payroll tax liability arises if an ETP is paid or
becomes payable by the employer, and the employee
would pay income tax if the ETP had been paid to the
employee. |
|
In some cases an ETP may be payable to the employee
but it is not actually paid to the employee. |
|
|
|
|
|
|
|
|
|
|
The amount of the ETP that is subject to payroll tax
is the amount that would be subject to income tax in
the hands of the employee. |
|
|
|
|
|
|
|
|
|
|
Summary of payroll tax liability |
|
|
|
|
|
|
|
|
|
|
Type of lump sum payment |
Liability |
|
|
|
Termination payments in respect of unused annual
leave, sick leave, long service leave or a bonus or
loading related to that leave |
Taxable |
|
|
|
|
|
|
|
|
Act of grace redundancy payments ('golden
handshakes') paid to employees after termination |
Taxable |
|
|
|
|
|
|
|
|
Act of grace redundancy payments ('golden
handshakes') paid to directors and contractors |
Taxable |
|
|
|
|
|
|
|
|
Payments in lieu of superannuation |
Taxable |
|
|
|
|
|
|
|
|
Payments for notice period worked by employee or
contractor |
Taxable |
|
|
|
|
|
|
|
|
Payment in lieu of notice |
Taxable |
|
|
|
|
|
|
|
|
Non-cash payment in satisfaction of an ETP that is
only subject to payroll tax if paid or payable on or
after 1 July 2002 |
Taxable |
|
|
|
|
|
|
|
|
Compensation for loss of job or wrongful dismissal -
Lost earnings component |
Taxable |
|
|
|
|
|
|
|
|
Income taxable component of approved redundancy or
early retirement scheme payments |
Taxable |
|
|
|
|
|
|
|
|
'Genuine' superannuation lump sum paid on retirement |
Exempt |
|
|
|
|
|
|
|
|
Compensation for loss of job or wrongful dismissal -
amount for 'personal injury', eg damage to
reputation |
Exempt |
|
|
|
|
|
|
|
|
Income tax-exempt component of redundancy or early
retirement payments |
Exempt |
|
|
|
|
|
|
|
|
Capital payment for contract in restraint of trade
eg restriction on who the terminated employee can
work for |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Workers Compensation |
|
|
|
|
|
|
|
|
|
|
|
|
|
Workers compensation |
|
2% Approx |
|
Workers
compensation provides protection to workers and
their employers in the event of a work related
injury or disease. Through the workers compensation
system injured workers may have an entitlement to
weekly payments, lump sums for permanent impairment
(and pain and suffering where applicable), payment
of medical bills, provision of legal assistance to
pursue a claim and intensive rehabilitation
assistance. |
|
|
All NSW
employers must have a workers compensation policy to
insure themselves against compensation claims for
workplace injuries if they pay more than $7,500 in
wages, employ an apprentice or trainee, or are part
of a group for premium purposes. |
|
|
Obtain a
quote |
|
|
|
|
http://www.gio.com.au/gio/commercial/workers_compensation/workers_quote.html |
|
|
Superannuation |
|
|
|
|
|
|
|
|
|
|
|
|
|
Superannuation Guarantee Obligations |
|
|
|
|
|
|
As an employer you have an obligation to pay super
contributions on behalf of all your eligible
employees. These contributions are in addition to
your employees’ salaries and wages. |
9% |
|
This compulsory contribution is called the
superannuation guarantee and it requires you to: |
-
pay
super for your eligible employees
|
-
contribute to the correct super funds, and
|
|
|
|
The minimum super amount you have to pay is 9% of
each eligible employee’s
earnings
base.
Your employee’s earnings base is generally their
ordinary times earnings, from 1 July 2008
ordinary time earnings should always be used. |
|
Generally, you have to pay super for your employees
if they: |
-
are
aged between 18 and 70
|
-
are
paid $450 (before tax) or more in a calendar
month, and
|
-
work
full-time, part-time or on a casual basis.
|
|
You also have to pay super for any employee who: |
|
|
-
you
pay $450 or more (before tax) in a calendar
month, and
|
-
works full-time, part-time or on a casual basis
for more than 30 hours in a week.
|
|
You may also have to pay super for any employees who
are visiting Australia on a temporary resident visa. |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Superannuation |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
A superannuation contribution is defined as a wage. |
|
|
|
|
|
|
|
|
|
|
The legislation includes a definition of a
superannuation contribution as money paid or payable
by an employer in respect of an employee: |
|
|
|
|
|
|
|
|
|
|
a) to or as a superannuation fund within the meaning
of the Superannuation Industry (Supervision) Act
1993 of the Commonwealth, or |
|
|
|
|
|
|
|
|
|
|
b) as a superannuation guarantee charge with in the
meaning of the Superannuation Guarantee
(Administration) Act 1992 of the Commonwealth, or |
|
c) to or as, any other form of superannuation,
provident or retirement fund or scheme including.
Superannuation Holding Account Special Account, a
retirement savings account and a wholly or partly
unfunded fund or scheme. |
|
|
|
|
|
|
|
|
|
|
All superannuation payments made by an employer as a
superannuation contribution are liable, including
salary sacrifice arrangements and lump sums paid on
behalf of a class of employees. Superannuation
payments made to contractors retained under a
relevant contract are also taxable as wages. |
|
If the employees of a business elect to contribute
money into a fund administered by the employer out
of their own PAYG post tax pay then these payments
are not liable as they are not employer
contributions to the fund. |
|
Dismissing
an employee
How
do I dismiss an employee?
What is the best way for both the employer
and the employee?
How can an employment contract be
terminated?
Do I have to give the employee notice?
What should I pay an employee when he or
she is dismissed?
Sample statement of employment history
Are there any circumstances when I cannot
dismiss an employee?
How
do I dismiss an employee?
A valid reason must exist for an employer to be able to dismiss an
employee. The reason or reasons must be based on the employee's poor
performance, conduct or changes to the operational requirements of
your business.
What is the best way for both the employer and the employee?
If an employee is being dismissed for financial reasons, provide
information showing why you must take this action. If you don't
provide this information, you run the risk of the employee thinking
you are making up a reason just to get rid of him or her. Your
employee will probably appreciate the business necessity, but he or
she will need to be assured that this is the real reason.
If the employee is being dismissed because of managing performance,
then their work history must justify your action. But please note,
just because an employee has been through a system of counselling
and warnings about their poor performance, the dismissal is still
likely to be a shock. You must take the time to make sure the
employee understands your reasons.
If the employee is being dismissed for misconduct be sure of your
grounds - get legal advice or contact your employer organisation.
You should still try and ensure the employee understands your
reasons as it can save problems later.
You must make sure that the employee is totally convinced that the
decision is final. If the employee leaves the meeting thinking that
there is still a chance then you have failed. You have also created
a situation where the employee's false expectations can turn into a
belief that he or she has been wrongfully dismissed and a desire to
punish you legally.
How can an employment contract be terminated?
An employment contract can be terminated by:
-
an employee resigning (which usually requires the employee to
give notice of their intention to resign)
-
completion of a fixed term contract (when the date stated by the
contract is reached) or completion of a fixed task contract
(when the project the employee has been employed specifically to
complete is concluded)
-
an employer who, due to operational reasons, terminates an
employee on the basis that the employee is redundant to the
organisation's operations, or
-
an employer who dismisses an employee.
Do I have to give the employee notice?
In general, it is better to give written notice of the termination,
outlining the details of why the termination is occurring and giving
the required notice period specified under the appropriate award,
agreement or as contained in the
National Employment Standards.
To avoid any misunderstanding or dispute, notice should be given to
your employee in writing or perhaps in front of a witness, even
though this may not be a requirement of the relevant award.
What should I pay an employee when he or she is dismissed?
This is not the time to make an employee wait for any money they are
owed. Make sure you pass on any entitlements you are required to
pay. Again, any difficulties at this stage will increase the
employee's bitterness and could result in unnecessary legal expenses
for you.
Except in special cases, you cannot legitimately "stand-down" an
employee without pay and special termination provisions apply if you
wish to introduce technological change.
You should also provide the employee with a written statement
indicating the period of his or her employment, job classification
and the type of work involved. This will be needed by the employee
if they need to apply for unemployment benefits or as proof of
experience when applying for another job.
You are also required to provide a group certificate for taxation
purposes within 14 days of the date of the termination taking
effect.
Sample statement of employment history
(Date)
Employer's Address
To whom it may concern
This is to certify that (name of employee) worked as a (job
classification) doing (a brief description of the work undertaken by
the employee) from (date of employment) to (date of termination).
Yours sincerely
(Signed by employer)
Are there any circumstances when I cannot dismiss an employee?
You cannot dismiss an employee for any one or a combination of the
following reasons:
-
when your employee is temporarily absent from work because of
illness or injury
-
is a member of a union
-
participates in union activities outside working hours or with
your consent inside working hours
-
does or does not want to be a member of a union
-
is seeking election, or is an elected representative of the
employees
-
has filed a complaint against you or another employer about
non-compliance with any laws or regulations
-
has participated in legal proceedings against you or another
employer
-
has taken or wants to take parental leave, or
-
race, colour, sex, sexual preference, physical or mental
disability, marital status, age, ethnicity or religion.
How do we know what to pay our employees?
NSW Industrial Relations
Awards
Obtaining Awards
Leave Calculators
Annual Leave
Long Service Leave
Working in NSW
A national industrial relations system
A national industrial relations system, more commonly referred to as
the workplace relations system, was introduced on 1 January, 2010 to
cover all private sector employees throughout Australia. There is
now one set of common rules about conditions of employment,
enterprise agreements and unfair dismissal across Australia for the
first time.
The Fair Work Act 2009 is the legislation that now applies to
all private sector businesses across Australia.
In NSW, employees of local councils, the NSW Public Sector and some
state owned corporations remain under NSW industrial relations
legislation. Some deemed employees, such as contract truck and
courier drivers and taxi drivers also remain covered by NSW
legislation.
For NSW workers employed by a sole trader or partnership that was
covered by the NSW State award system prior to 1 January 2010, there
is a 12 month transitional period that applies to some aspects of
the Fair Work Act 2009.
What are the changes?
The ten
National Employment Standards (NES), the
unfair dismissal process and some general employment protections
applied from 1 January 2010 and cover all NSW workers.
The previous NSW State awards are now called state reference awards
and will continue to operate up until 31 December 2010. You can
continue to use the information contained in the NSW
State Awards section of this website until that time.
However, NSW workers previously under the state IR system (mainly
sole traders and partnerships) should check the provisions of their
state reference awards. Where the national NES entitlements are
better than their state reference award, they should be receiving
the benefits of the national NES from 1 January 2010.
Important note:
From 1 January 2011, the state reference awards cease and the new
modern awards will apply to you.
What if my employer is a Pty Ltd company?
If you work for a Pty Ltd business, your wages and conditions will
be governed by the NES and appropriate federal modern award from 1
January 2010.
For information on which modern award applies to your workplace,
contact the Fair Work Infoline on 13 13 94 or visit
Fair Work Online
Starting work
What you need to know before you start work
Congratulations on being offered a job. Before you start work you
will need to know the conditions you will be working under
(including your pay rate) and exactly what you will be expected to
do in the role.
The things you should be finding out about include:
Your
letter of offer
Signing a
contract
Your
working conditions
The difference between
trial work and
work experience
Whether you are
full-time, part-time or casual
Whether you are working under an
award or agreement.
Getting paid
What should be my rate of pay?
Your rate of pay will depend on which award or agreement covers the
work that you do. A
national industrial relations system
commenced on 1 January, 2010 which covers private sector employees
throughout Australia. However not all of the new modern awards will
have a pay rate attached to them until 1 July, 2010.
For workers previously in the NSW state industrial relations system,
there is a transitional period, effectively this means provisions
will remain unchanged until 31 December, 2010.
For workers previously in the federal industrial relations system,
visit Fair
Work Online or contact the Fair Work Infoline on 13 13 94
for assistance.
The wage clause in an award or agreement specifies the minimum wage
that must be paid for each classification or grade of employee
covered by that award or agreement, and each employee must receive
this amount as a minimum.
Sometimes the actual minimum weekly pay consists of a normal award
wage plus compulsory additional payments such as:
-
allowances for working in a particular industry
-
money to buy tools
-
payment for very specific circumstances such as working in the
wet or dealing with toxic substances
-
extra pay (a ‘penalty rate’) for working outside ordinary hours
at certain times of the week (such as on a Saturday or Sunday or
outside the normal range of working hours on weekdays)
-
extra pay (a ‘loading’) for casual workers.
Junior employees are sometimes paid a percentage of the adult rate,
depending on their age.
The minimum wage
The lowest rate of pay that can lawfully be paid to an adult worker
is referred to as a minimum wage.
Fair Work Australia (FWA) is responsible for setting minimum wages
for employees in the national system. The tribunal is required to
conduct an annual wage review each financial year and make a
national minimum wage order.
The first annual wage review must be completed by 30 June 2010 and
will take effect on 1 July 2010. The 2010 national minimum wage
order must set a rate of pay for employees without coverage of
awards or agreements (including a special national minimum wage for
employees with disability and a casual loading) and may consider
whether to vary rates of pay for employees covered by modern awards
or transitional Australian Pay and Classification Scales.
The panel may also set a minimum wage for juniors, trainees and
apprentices.
For more information on current federal minimum.
My entitlements
From 1 January 2010, all private sector employers and employees in the
national workplace system are covered by the new
National Employment Standards (NES).
Under the NES, workers are entitled to certain minimum conditions.
Along with their respective award, the NES provide a safety net for
workers, that cannot be altered to the disadvantage them.
Under the new
national industrial relations system,
in addition to the NES, generally an employee’s terms and conditions
of employment come from a modern award, agreement, award and
agreement based transitional instruments (state reference award),
minimum wage orders, transitional minimum wage instruments, state or
federal laws.
What are the 10 National Employment Standard entitlements that apply
to all NSW private sector workers?
The NES are set out in the Fair Work Act 2009 and comprise 10
minimum standards of employment. In summary, the NES involve the
following minimum entitlements:
-
Maximum weekly hours of work
– 38 hours per week, plus reasonable additional hours.
-
Requests for flexible working
arrangements – allows parents or carers of a child
under school age or of a child under 18 with a disability, to
request a change in working arrangements to assist with the
child’s care.
-
Parental leave and related entitlements
– up to 12 months unpaid leave for every employee, plus a right
to request an additional 12 months unpaid leave, plus other
forms of maternity, paternity and adoption related leave.
-
Annual leave – 4 weeks paid
leave per year, plus an additional week for certain shift
workers.
-
Personal / carer’s leave and
compassionate leave – 10 days paid personal / carer’s leave, two
days unpaid carer’s leave as required, and two days
compassionate leave (unpaid for casuals) as required.
-
Community service leave –
unpaid leave for voluntary emergency activities and leave for
jury service, with an entitlement to be paid for up to 10 days
for jury service.
-
Long service leave – a
transitional entitlement for certain employees who had certain
LSL entitlements before 1/1/10 pending the development of a
uniform national long service leave standard.
-
Public holidays – a paid day
off on a public holiday, except where reasonably requested to
work.
-
Notice of termination and redundancy
pay – up to 4 weeks notice of termination (5 weeks if
the employee is over 45 and has at least 2 years of continuous
service) and up to 16 weeks redundancy pay, both based on length
of service.
-
Provision of a
Fair Work Information Statement
– employers must provide this statement to all new employees. It
contains information about the NES, modern awards,
agreement-making, the right to freedom of association,
termination of employment, individual flexibility arrangements,
rights of entry, transfer of business, and the respective roles
of Fair Work Australia and the Fair Work Ombudsman.
Leaving work
Giving notice
If you decide to leave your job (resign) you need to tell your
employer in advance. This is known as ‘giving notice’.
Letter of resignation
It is best to tell your employer that you are planning to leave your
job in a letter, so there is a written record of the date you gave
notice to your employer. Make sure that you give them the required
amount of notice as set out in your award or agreement.
Advance notice of resignation
Most awards and agreements will tell you how much advance notice you
need to give.
It is important to check this because if you don’t give the amount
of notice required, your employer can keep some of your wages for
that period!
Other documentation
It is a good idea to ask your boss for a certificate of service and
a written reference before you leave.
Ending a fixed contract
A fixed contract is a contract for employment that is fixed for a
certain period of time or for a particular task or project.
The end date of a fixed contract should be included in the contract,
along with the other terms and conditions of employment such as the
notice period required if the task or project ends earlier than
expected and all other circumstances that would allow the contract
to end.
If the contract has to end before the stated date, your employer
should give you a written statement outlining when and why the
contract is ending.
Young People at Work
|

Looking for work
Here's some practical stuff that will help you get a
headstart on finding a job!
|

Got the job
Not sure about your workplace rights? Confused about what
entitlements you should receive? This info should help! |

Leaving the job
Want to move on or been sacked? Check out the info here.
|
|
Young worker's interactive best
practice guide [Fair Work Ombudsman Video]
To help ensure you get a proper deal when you start your
job, it is important to find out about your rights and
entitlements and what responsibilities you may have in your
workplace.
Master of the Mall game
[Money Stuff website]
Take the challenge to be Master of the Mall. Have fun while
you find out about your workplace and consumer rights. |
Payroll Software
M.Y.O.B. Recommended
Payroll Auditing & Security
Payroll
Payroll is the payment of wages, salaries, benefits, allowances and
any other monies entitled to staff working in a public agency. Some
agencies have contracted out the payroll function, while others run
their own payroll.
The sizable sums of money involved in the payroll function have
traditionally been a target for theft and fraud.
Corruption risks in the payroll function mainly relate to the
integrity of the information on which the payroll is based,
particularly if the payroll function is performed by a third party
under contract. The security of the manual and electronic processes
for transferring money and the security of the information contained
on the payroll system are also vulnerable aspects of the payroll
process.
The improper conduct of an agency's payroll function can constitute
corrupt conduct as defined by the Independent Commission Against
Corruption Act 1988.
Corruption risks
A risk assessment of payroll in a public sector agency may identify
some or all of the following corruption risks:
-
An employee obtaining payments to which they are not
entitled, for example by:
-
fraudulently claiming on their timesheet for hours not
worked or allowances to which they are not entitled
-
failing to provide a leave form for leave taken
-
colluding with other staff to cover unauthorised
absences
-
providing false information for the reimbursement of
expenses not incurred or above approved entitlements
-
fraudulently claiming worker's compensation.
-
An employee directing payments to themselves by creating and
paying a non-existent public official ("ghosts" on the
payroll).
-
A manager drawing up a biased roster, for example,
allocating the most profitable shifts to favoured employees.
-
A manager rostering unnecessary staff on shifts in order to
increase payments to them.
-
An employee stealing money directly from the payroll.
-
An employee improperly disclosing personal or banking
details (this behaviour may be the result of bribery).
Managing corruption risks
As a minimum your agency should:
-
Introduce policy and procedures for payroll that contain
elements listed in the Policy Development Guide and
Checklist (see Tips and tools below).
-
Include in the policy sanctions for any breach of the policy
and procedures.
-
Review the policy every two years.
-
Refer to payroll in all relevant corporate documents such as
codes of conduct.
-
Train all relevant employees in the policy and procedures to
ensure they are aware of their responsibilities.
-
Include payroll as a risk to be assessed in the agency's
internal audit and corruption risk management processes.
Following your risk assessment of payroll systems consider these
risk management strategies:
-
Following appropriate delegations and procedures for any
changes to pay and timesheet transactions.
-
Establishing access controls for the payroll system such as
passwords, routine verification procedures and authorisation
levels.
-
Segregating functions to ensure that no one person has
complete control over any aspect of the payroll process.
-
Ensuring mandatory advance approval by the supervisor for
variations to payroll such as overtime and leave.
-
Verifying and reconciling employee entitlements such as sick
leave.
-
Imposing financial limits on overtime, allowances and
payroll processing.
-
Conducting unannounced spot checks by managers to verify
attendance and timesheets.
-
Ensuring the payroll system has the capacity to:
-
automatically integrate employee exits to cease payroll
payments to departing employees
-
run fortnightly expenditure reports
-
recognise and notify line management of anomalies and
overpayments
-
recover overpayments.
-
Ensuring high-risk positions (such as payroll
administrators) are adequately supervised.
-
Routinely reviewing and testing data processing controls.
-
Reviewing the recordkeeping and reporting procedures to
ensure that:
-
there are controls or systems to record and monitor all
payroll transactions.
-
all access to the payroll systems and actions taken are
recorded.
-
records are kept of overtime approvals, staff rosters,
travel and expenses including approvals, receipts and
supporting information.
Case studies
|
Case study 1: Phantom employees |
|
The Australian Institute of Criminology (AIC) cites1
an example of a 1970's case in the United States in which an
employee of a welfare department stole US $2.75 million over
a nine-month period by entering data about non-existent
employees into the department's computerised payroll system.
He then intercepted the salary cheques sent to the "phantom"
employees and fraudulently endorsed them to himself.
The AIC proposed prevention strategies that included
increasing security controls on the computerised systems,
improved monitoring of employees and introducing sanctions
and detection mechanisms to act as a deterrent to such
behaviour. |
|
Case study 2: Timesheet fraud |
|
In 2008, an ICAC investigation revealed evidence of
extensive payroll fraud in a large public sector agency in
the form of false timesheet entries and travel claims.
In one instance, a work gang claimed payment for the period
8 pm to 6 am, despite all having left the site at 12.30 am.
One employee dishonestly obtained at least $33,430 in a 15
month period by overstating the hours he worked.
Another employee submitted fabricated accommodation receipts
for himself and his work team to the value of approximately
$50,000 over three years. He believed that these receipts
were never checked by anyone and would not be detected.
Payroll officers did sometimes detect timesheet
irregularities but when they refused to process questionable
claims, they were berated by employees and managers.
The ICAC's report identified the need for supervisors and
management to implement agency policy and support payroll
employees when they detect non-compliant paperwork including
challenging the individual concerned and if necessary
reporting the conduct. |
Frequently
asked questions
|
Why are payroll systems important for preventing corruption? |
|
Payrolls can be an attractive target for corruption in an
organisation but they can also be a useful detection tool.
As they generate an auditable record of all transactions,
automated payroll systems can be used to identify unusual or
irregular payments that could indicate corrupt activity. The
knowledge that these records are reviewed regularly will
deter some potential perpetrators.
Automated systems can also act as barriers to corrupt
conduct if they incorporate controls that reflect the
agency's delegation levels such as permitting only those
with authority to approve leave, overtime and other payroll
exceptions. |
|
Are automated payroll systems more or less vulnerable to
corruption? |
|
The answer is probably 'both'. Automated payrolls can help
manage corruption risks for the reasons mentioned in the
previous answer. However, because electronic information can
be easily disseminated and manipulated payroll systems will
need the same kinds of security and controls to address the
risks inherent in any electronic information system. |
|
Is outsourcing the payroll function a corruption risk? |
|
As with any other outsourcing decision the risks to the
agency of having an outsourced payroll function should be
assessed beforehand. The risks lie mainly in the need to
maintain the security of information transferred to the
outsourced provider.
Outsourcing can be a useful prevention mechanism in
situations where it is important to reinforce the separation
of payroll functions from the rest of the agency. This might
be necessary in situations when pressure is put on payroll
staff by operational or line staff to act improperly. |
Rostering
A roster is a plan that
organises staff. It will show which staff members are to work where
and at what times.
Why is Rostering Important?
Rostering is important
because you are ensuring the right person is in the right job at the
right time
Industry
relies heavily on service staff and it is very important to get the
right staffing levels whilst still achieving your desired level of
service and not exceeding the wage budget.
When we are making a
roster we need to ensure that the relevant award or agreement
provisions are being followed.
When creating the roster
ensure you have thoroughly read through the award or agreement to
make sure you are following the guidelines.
5 Major Reasons for having
Rosters
CCOAE
(Rhyme to remember)
Controlling
Costs
Communication
Organising
Aiding employees
Efficiency
Controlling Costs
An effective roster will
control labour costs. It will make sure there are adequate levels of
staff in the bust periods and less in the quieter periods.
The roster will balance
the labour cost and the service standard
Communication
The roster is a tool for
communicating with your employees. Through the use of a roster staff
can be informed when they will be required to work and when they
will not be required.
Many rosters will also
communicate to the employee what section they will be working in and
the expected business levels.
Organising
The roster organises the
staff. It lets the manager or supervisor know who is working where
on any particular shift. They can then distribute the workload
fairly and organise appropriate break times.
Aiding Employees
A roster will help
employees to manage their personal life around their work life. It
lets them plan days off and holidays in advance.
Efficiency
A roster gives the business
efficiency by ensuring a balance of staff. It balances skilled
workers with those who have less experience.
A roster will ensure there
is always an adequate number of service staff with the appropriate
skill level.
Who should create the
roster?
Rosters should generally be
created by a supervisor or manager. They must have an understanding
of predicted business volume, wage budgets and the staff members’
skills, abilities and sometimes special requirements.
Rosters can be created for
a whole enterprise, individual department, or a specific project
like an event.
Information we to know
when creating the roster
Award or Agreement
Provisions
Employee Record Card
Staff Availability form
Request for days off diary
Business Diary/Calendar
noting bookings or special events
Expected business volume
data
Labour Budget
Understanding of staff
skills and abilities
Develop rosters in
Accordance with Relevant Award provisions
Types of employees
Classifications and Wage
Rates
Penalties
5 hours and a break
Spread of hours
10 hour beak rule
Leave
Award Provisions – Types
of Employment – Full-time
Work 38 hours per week
Overtime paid for any
hours additional to these 38
Regular and predictable
hours of work
Paid annual leave of 4
weeks, paid personal leave, unpaid maternity & paternity leave
Receive penalties for work
completed Monday to Friday outside the hours of 7am – 7pm.
Award Provisions – Types
of Employment - Regular Part-time
Works less than 38 hours
per week
Paid at an hourly rate
respective to their ‘grade’
Entitled pay and
conditions of a full-time employee but at a pro-rata rate
Must be rostered for a
minimum of 3 consecutive hours on shift
Generally regular and
predictable hours of work
Receive penalties for work
completed Monday to Friday outside the hours of 7am – 7pm.
Employee Availability
Sheet
An employee availability
sheet is another piece of information we need on hand when creating
a roster. We need to do this to make sure we roster staff when they
are available.
When an employer gives out
an availability sheet they should put some minimum terms and
conditions on the sheet. This will ensure staff is available to work
the busier shift and weekends.
Business Volume
Working out your business
volume will help to maximise operational efficiency and customer
service levels whilst minimising wage costs in roster development.
Business volume is working
out your predicted number of patrons (covers) during specified time
periods. You can obtain your business volume readings from your POS
(point of sale) or you can work it out manually.
Once you have worked out
your business volume you can then determine how many staff you
should need on shift at any one time.
Most hospitality
establishments will follow a basic ratio of staff to guest.
For example during
breakfast they might require one waiter to every 20 patrons.
Once you have worked out
your expected business volume, no of staff needed per time period
you can plot timelines. See the following pages for a sample
business volume activity and timelines.
Creating the roster
Once you have plotted the
timelines you can then start to allocate your staff to the shifts.
Before you allocate the
staff you need to know which staff will be available (use the staff
availability sheet) and what their skills and abilities are. You
will also need to ensure a balance of staff rostered.
Understanding of staff
skills and abilities – Utilise Available Staff Base
When rostering we need to
utilise the available skills base appropriately to roster the
most effective mix of staff and to meet different operation
requirements.
·
The mix of staff rostered on any
one shift should compliment each other.
·
This mix of staff can be obtained
by mixing:
·
Males & Females
·
Trainees and more experienced staff
·
Language skills and nationalities
·
Ages
Understanding of staff
skills and abilities – Combining Duties
Combine duties where
appropriate to ensure effective use of staff. Combining duties
allows you to multi-skill staff. This will maximise their skills and
provide a higher level of service for the guest.
The purpose of combining
duties is to ensure your full-time and part-time employees will
always have work.
As an employer you will
also be able to save on casual wages during the off peak times.
Multi-skilling staff or
hiring multi-skilled staff will allow you more flexibility and ease
with rostering.
Understanding of staff
skills and abilities – Mixed Functions
When multi-skilling staff
we must be aware of the ‘mixed functions’.
If a higher level employee
takes on the job of a lower level employee they shall still get
their normal higher pay rate but if a lower level employee takes on
the jobs of a higher level employee for 2 or more hours in one day,
they will get paid at the higher rate all day. If less than two
hours they just get the higher rate of pay for those hours worked at
the higher level.
Presenting
Rosters in required Formats?
·
Roster Layout
·
Roster Codes
·
How many days notice do staff need?
·
The best way to communicate the roster
·
Can your employer make amendments to the roster?
Roster Layout
The roster must show
surnames and at least initials of each employee.
The roster should show
start and finish times for full-time and part-time employee.
The roster must clearly
show RDO’s and days when casual staff are not required.
Breaks should be
identified
Days of the weeks and
dates should be clearly identified
Roster Codes
OFF- Day OFF (full-time &
Part-time staff)
NR- Not Required (casual
staff)
RDO – Rostered Day Off
ADO – Accrued Day Off
LSL – Long Service Leave
AL – Annual Leave
NA – Not available for
work, often used for casual staff
Pub Holiday – Public
Holiday (meaning staff is not required)
SL – Sick leave
TRG – Staff is attending
training
Mat – Maternity leave
Communicate
rosters to appropriate colleagues within designated timelines
·
The roster should be posted on a Notice Board if the
establishment has 5 or more full-time staff.
·
It must be conspicuous and accessible by all
employees.
·
Should be posted 2 weeks in advance.
·
If changes are made to the roster the employee must
agree to the changes and they should be given 14 days notice of
these changes.
Develop Rosters in
Accordance with relevant wage budgets.
TLC = Total Labour Cost
TLC = All the cost
incurred by the business associated with employing staff
These costs are
·
Wage/salary cost
·
Payroll Tax
·
Superannuation
·
Workcover
Therefore TLC = weekly
wage/salary + Payroll tax + Superannuation + Work cover
Develop Rosters in
Accordance with relevant wage budgets.
All establishments will
generally have a set wage budget, this can be shown as TLC%. Most
hospitality business will aim to keep their TLC% around the 30%.
Obviously this figure will change depending on the type of service
(etc) the employer wishes to give.
TLC% can be worked out
using a simple formula
Total Labour Cost x
100
Total
Sales 1
Costs
involved in working out TLC - Payroll Tax
Payroll taxes are paid to
the individual states or territories within Australia. They are
taxes that directly related to employing a staff member. Payroll tax
is not a deduction from the employees pay. The employer will pay
payroll tax.
The amount of payroll tax
paid depends on the state and circumstances. In NSW it is from
1 January 2009 to 30 June 2009 the rate of
payroll tax will be 5.75%
From 1 July 2008 to 30
June 2009 the threshold is $623,000
Monthly threshold (Amount
of payroll)
28 days = $47,792
30 days = $51,205
31 days = $52,912
This amount needs to be
budgeted in to achieve and accurate TLC.
Costs involved in
working out TLC – Superannuation
Superannuation is a
government scheme introduced to support workers when they retire.
Employers are required to
pay a minimum amount of superannuation contribution every year for
every eligible employee.
Costs involved in working
out TLC - Superannuation
Minimum Contribution is
9% of their gross wage.
This payment is a
contribution/additional to their pay. It is not deducted from their
pay.
Superannuation is can be
claimed as an income tax deduction for employers
Costs involved in
working out TLC - Superannuation Calculation
E.g. Sandra works 84 hours
a month at $16/hr. She therefore earns $1,344 per month. The SG
contribution is:
$1,344 x 9% = $120.96
http://calculators.ato.gov.au/SGCalculatorWeb/GetSGContribution.aspx
Costs involved in
working out TLC - Superannuation Exempt Employees
Employers do not generally
have to make superannuation contributions for employees who are:
·
paid less than $450 in a month;
·
aged 70 years and over;
·
under 18 years of age and working 30 hours or less a
week;
·
performing work of a domestic or private nature under
a
contract
for 30 hours or less a week;
·
performing work outside of Australia; or
·
working in Australia on certain types of executive
visas.
Costs involved in
working out TLC - Consequences for not providing Superannuation
If an employer fails to
make the minimum payments they must pay the lump some as well as
additional charges to the ATO at the end of the financial year.
This payment is called
the superannuation guarantee charge. SGC
This charge cannot be
claimed as an income tax deduction.
Costs involved in
working out TLC - When does super get contributed
·
Government has minimum standards of quarterly
·
Host Plus requires monthly contributions from
employers.
·
It can be paid electronically, by mail cheque, cash
over the counter at an office, by BPAY.
Costs involved in
working out TLC - What does superannuation get paid into?
·
Your employer will pay superannuation into:
·
your nominated superannuation fund (e.g. HOST PLUS)
·
A retirement savings account (RSA)
·
The Superannuation Holdings Accounts Reserve (SHAR)
·
On initiating employment you will join with the
companies allocated superannuation fund, or you ask for them
contribute into your own superannuation fund.
What is Host Plus
·
Host plus is an industry superannuation fund
·
One of Australia’s Largest funds
·
Which means higher interest on investments
·
Low/no employers fees
·
No commissions
·
Easier administration
·
Over 905,000 members
·
Over 52,000 employers
www.hostplus.com.au
Costs involved in
working out TLC – Workcover
As an employer you must
provide a safe workplace. If you employee workers and expect to pay
wages of over $7,500 for the year then you need a worksafe injury
insurance policy.
This payment is approx
2% of the employee’s wages. And once again it is NOT a deduction
from the employee’s wage. It is paid on behalf of the employee.
All employers in NSW are
required to pay workers compensation premiums. The NSW Workers
Compensation Scheme is funded by the premiums paid by employers and
provides medical and financial support of injured workers.
Workers compensation
insurance premiums are based on a number of things, including:
·
the industry in which the employer operates (the base
industry premium rate reflects the costs of all compensation claims
that have occurred in this industry)
·
the amount of wages the employer pays to its workers
Summary of Costs that
make up the total labour cost %
·
Wages/salary
·
Payroll tax 5%
·
Superannuation Employer contribution 9%
·
Workcover 2%
(Wages/Salary + Payroll
Tax + Super + Workcover) ÷
Sales x 100
Roster Template