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complaince Archives - MDC Legal

Single touch payroll

Single Touch Payroll: Implementation Deadline Passed

Posted by | complaince, pay rates, polices and procedures | No Comments

By Nikita Barsby, Special Counsel and Miette Xamon, Law Clerk

Single Touch Payroll is a change to the way employer’s report employee tax and superannuation information to the ATO

The deadline for small businesses to start using the ATO’s Single Touch Payroll (STP) was 30 September 2019. The new system eases reporting requirements for employers to help ensure compliance with wage and superannuation payments.

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MDC Legal Workplace Update – Spring 2019

Posted by | Articles, complaince, confidentiality, Contracts, disciplinary action, HR Advice & Support, polices and procedures, Policies and Procedures, sexual harassment | No Comments

Its Spring! Although it’s still brisk and blustery out there – in the weather and many of our clients’ businesses – with some ongoing workplace issues this year being ensuring the correct classification of workers as either employees or independent contractors, permanent or casual engagement, and new developments in domestic violence leave entitlements and casual conversion rights.

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Parental Leave

Parental Leave — Important Responsibilities As An Employer

Posted by | complaince, Doing Business in Australia, HR Advice & Support, leave entitlements, redundancy | No Comments

By Mark Cox, Director and Gemma Little, Associate

Key parental leave employer obligations explained

An employee has requested to work on a part-time basis on return from parental leave. Or a workplace change has resulted in an employee’s position being removed while they are on parental leave. As an employer, what are your obligations? This article outlines the key obligations an employer has while an employee is on, and when they return from, parental leave. Read More

Vulnerable Workers Act

Fair Work Breaches Prompt Changes for Holding Companies

Posted by | Articles, complaince | No Comments

By Renae Harg, Senior Associate and Gemma Little, Associate

Exploitation of vulnerable workers by your franchisee or subsidiary could see you liable

As any entrepreneur knows, there are legal requirements and responsibilities that are part of running your own business. But did you know that as a franchisor or holding company you have additional responsibilities for ensuring compliance with the Fair Work Act 2009 (Cth) (FW Act), and that you could be liable for your subsidiaries’ or franchisees’ breaches of the FW Act? Read More

how long do employers need to keep employee records

Record Keeping Requirements for Employers: What You Need to Know

Posted by | complaince, HR Advice & Support, Terminations, Unfair Dismissals & Adverse Action | No Comments

By Gemma Little, Associate

Keeping employment records is your responsibility as an employer

Everyone knows that employers must keep employee records, right? Apparently not. Some employers have been caught out because they have either not kept adequate employee records, or not kept employee records at all. Read More

accessorial liability

Accessorial Liability – Your Responsibilities Under Fair Work Act

Posted by | Articles, complaince, Doing Business in Australia | No Comments

By Mark Cox, Director and Renae Harg, Senior Associate 

Accessorial liability: if you are aware, you can be held liable

Company directors, human resource managers or other managers and accountants can be held accountable for contraventions of the Fair Work Act 2009 (FW Act). You need to be aware of the requirements under the Act and not turn a blind eye to breaches of the Act. According to the Fair Work Ombudsman, ‘Accessorial liability provisions allow us to hold anyone involved in a contravention accountable, even if the business has gone into liquidation.’ Read More

long term casual employee rights

Casual employment rights – what you need to know to avoid costly dilemmas

Posted by | casual staff, complaince, contractual entitlements, Doing Business in Australia | No Comments

By Mark Cox, Director and Lauren Wright, Lawyer

Employer required to pay thousands in compensation to casual employee

A recent decision handed down by the Full Court of the Federal Court of Australia has resulted in heated discussion regarding long term casual employee rights. In WorkPac v Skene, despite being termed a ‘casual employee’ by his employer WorkPac,  Mr Skene was found to be a permanent employee and awarded compensation (including interest) in lieu of annual leave entitlements. Read More

Managing the workplace Christmas party aftermath

Posted by | Christmas party, complaince, disciplinary action, HR Advice & Support, leave entitlements, out of hours behaviour, Performance Management & Misconduct Investigations, workplace investigations | No Comments

By Nikita Barsby, Special Counsel and Madeleine Brown, Associate 

Even the most well managed work Christmas parties sometimes don’t go to plan. We highlight below how to deal with the aftermath if things go wrong.

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Keeping it casual: Casual employee entitled to annual leave

Posted by | complaince, Contracts, contractual entitlements, HR Advice & Support, leave entitlements, modern award | No Comments

By Renae Harg, Senior Associate and Lauren Wright, Lawyer 

WorkPac Pty Ltd v Skene [2018] FCAFC 131

The Full Court of the Federal Court of Australia has rejected WorkPac’s argument that the “industrial meaning” of the term “casual employee” has been incorporated into the Fair Work Act 2009 (Cth) (the Act) for the purpose of the National Employment Standards (NES).

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Are you being underpaid? Are you underpaying your staff?

Posted by | Articles, complaince, Contracts, contractual entitlements, HR Advice & Support, modern award | No Comments

By Nikita Barsby, Special Counsel and Lauren Wright, Lawyer

The Fair Work Ombudsman (FWO) recently conducted an audit of businesses throughout the eastern states of Australia which found that 72% of the businesses had breached workplace laws.[1] The audit resulted in the recovery of $471,904 for 616 workers across the 234 businesses audited. The most common breach was an underpayment of hourly rates, followed by non-existent or inadequate employment records.

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What’s in a name: The effect of a position title on Modern Award coverage

Posted by | Articles, complaince, Contracts, HR Advice & Support, modern award, Terminations, Unfair Dismissals & Adverse Action, Training & Compliance | No Comments

By Mark Cox, Director and Ruth Collins, Lawyer 

It is a common misconception amongst employers that a senior position title and high income can exclude an employee from being covered by a modern award. Not so. Instead, employers must look to the principle purpose of the position the employee was performing to assess whether it is covered by the classifications of roles covered by the award.

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