From 1 July 2013, the compulsory superannuation guarantee
increased from 9 per cent to 9.25 per cent.
From 1 July 2013, employees who now earn in excess of $129,300
p.a. are barred from bringing unfair dismissal applications unless
they are covered by an enterprise agreement or a modern award.
In the 2012/2013 financial year, a genuine redundancy payment was
tax-free up to a $8,806 base amount plus a $4,404 service amount
multiplied by the number of years of service. For the 2013/14
Financial Year, these amounts become $9,246 and $4,624
From 1 July 2013, the national minimum wage has been increased by
2.6% to $622.20 per week or $16.37 per hour. Rates of pay under the
Modern Awards will also increase as a result of this minimum wage
Workers who are bullied at work will, as of 1 January 2014, be
able to apply to the Fair Work Commission for an order to stop the
bullying. The Fair Work Commission will have powers to make a wide
range of orders to prevent the bullying from continuing.
FLEXIBILITY FOR WORKING FAMILIES
There have been a number of changes introduced to the Fair Work
Act concerning employees with family and caring responsibilities.
These changes regarding special maternity leave, parental leave and
right to flexible work commenced on 1 July 2013. Employers will
need to ensure that special maternity leave taken will not reduce
an employee's entitlements to unpaid parental leave. The right
to request flexible working arrangements has also been extended to
a number of other employee categories including employees who are
parents or carers, aged over 55 years, or have a disability.
Effective as of 1 January 2014, employers will need to consult with
employees about the impact of changes to regular rosters or hours
UNION RIGHT OF ENTRY
As of 1 January 2014, unions will be able to meet with employees
in the lunch rooms of their employers to conduct interviews or hold
discussions in accordance with conditions of their entry
How PCS can help
We can assist you to:
ensure your organisation is not at risk by helping you to
review your contracts to see if they allow your organisation to
absorb the superannuation changes;
ensure procedural fairness to employees with a potential to
bring an unfair dismissal claim (given it now potentially captures
ensure compliance in your payroll systems from a rate of pay as
well as a redundancy pay perspective;
develop, implement, promulgate and enforce Anti-bullying and
Grievance policy/ies – making your workplace one that is free
of behaviours which may attract legal action and one where
employees feel comfortable using internal grievance resolution
ensure that any request for workplace and work practices'
flexibility is considered and responded to as required;
allow unions, when they are seeking to exercise their right of
entry powers, to meet with employees in a manner and in places
allowed by the Fair Work Act; and
conduct training on any or all of the above.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Long experience representing many of Australia's leading employers has taught us that in employment litigation the identity of an employee's representative is a major factor in how employee litigation runs.
Australian employees receive certain entitlements (such as annual leave and superannuation) where contractors do not.
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