As of 1 November 2018, the Fair Work Commission introduced changes across a large number of modern awards. While many of these adjustments were largely wording-related and did not alter the intent of clauses, several key changes directly impact termination of employment practices. Employers must act on these updates to remain compliant and avoid penalties.
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The 2018 Casual Loading Changes clarified how employers must handle casual employee entitlements, ensuring that casual loading payments can be offset against claims for permanent benefits. This regulation aimed to prevent “double-dipping” by employees and protect businesses from unexpected liabilities.
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Understanding employee entitlements is critical for both employers and workers in Australia. Annual benefits such as paid leave, public holiday pay, and superannuation contributions are governed by the Fair Work Act 2009 and the National Employment Standards (NES). While full?time and part?time employees enjoy clear entitlements, casual employment arrangements have often raised questions, especially following high?profile cases like WorkPac Pty Ltd v Skene [2018], which challenged traditional interpretations of casual contracts.
For businesses, the implications are significant: misclassifying employees or overlooking entitlements can lead to costly penalties and back payments. For employees, knowing their rights ensures they receive the benefits they are legally owed. This article explores who is actually entitled to annual benefits in Australia, clarifies common misconceptions, and highlights the risks employers face if compliance is overlooked.
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Effective 1 August 2018, all employees covered by modern awards, including full?time, part?time, and casual staff, are entitled to unpaid domestic violence leave. Businesses must now consider how they will manage this entitlement within their workplace policies.
Incorrectly classifying an employee as a contractor can be costly. Businesses can be fined up to $54,000 for sham contracting. It is easy to ensure you avoid such fines with advice from our human resources (HR) specialists.
The Fair Work Act 2009 requires national minimum wage & minimum award rates be reviewed each financial year. The Fair Work Commission recently issued the 2017/18 annual wage review which will see increase by 3.5% from 1 July 2018.
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