casual offsetting

How to end casual ‘double dipping’

The Australian employment environment was rocked last year following the Federal Court of Australia decision in Workpac v Skene [2018] FCAFC 131. In short, this decision found that employers who incorrectly classify employees as casual instead of full-time or part-time could be responsible for back paying various entitlements under the National Employment Standards (NES). An immediate cry went up that this was effectively allowing ‘double-dipping’ for casuals to receive their casual loading (to cover not receiving the benefits of a permanent employee) …

Independent contractor

To be or not to be (an Independent Contractor)

… that is the question. (thanks to Shakespeare’s Hamlet, Act III, Scene I for this shameless rip-off!) Script for a beleaguered employer ‘Hi’ says a worker you’ve used on and off now for a while. ‘I’ve been thinking about becoming a contractor and working for you through my own ABN, and well, I’ve taken the plunge and got my number approved!’ they say chirpily and without pause for you to return the ‘hi’. They have, however, caught your attention and so you …

Backpay above award payment

Paying above the award? Do it right the first time.

You’ve worked hard to make sure you’re competitive by paying your people a good wage for the work you need them to do and for your industry. Perhaps to the point that you pay a higher flat rate so you also don’t have the stress of constantly calculating overtime and all those confusing allowances? So it’s a bit of surprise one day to find that you’re still liable for back pay on overtime and allowances when a disgruntled employee asks …

3 (employment) things you need to know before selecting your company structure

In your business’s lifetime, there may come a point you think about changing your business structure. If you’re thinking of becoming a Pty Ltd entity, or making any change that changes which systems of industrial relations apply to your business, there are some things to considering at the planning stage 1) There are two industrial relations systems that apply in Australia The national system – managed by the Fair Work Ombudsman – covers Proprietary Limited companies – that is, Pty …

Why you need a written contract of employment

“I don’t need a big contract of employment because my staff trust me and I pay above the industry – so no problems”. In an ideal world, we’d all get along, know and trust what we were entitled to and never have a disagreement that we couldn’t just shake hands on. I like to personally ‘play with a straight bat’ approach to everything we do but unfortunately, the real world doesn’t always like to reciprocate such good faith; which is …