Commonly asked questions that
How much do I need to pay employees to avoid underpayment claims?
the national minimum wage.
Employees are also often entitled to a higher pay rate when working:
- public holidays
- late nights shifts or
- early morning shifts.
Employees are also often entitled to allowances when they:
- do certain tasks or have a particular skill
- use their own tools at work
- work in unpleasant or dangerous conditions.
Better HR provides the essential HR tools and advice you need to pay workers correctly.
What employee records must we keep to meet our legal requirements?
Employers who engage employees covered by the Fair Work Act 2009 are required to:
- make and keep accurate and complete records for all of their employees (e.g. time worked and wages paid)
- issue pay slips to each employee.
Employee records must:
- be in a form that is readily accessible to a Fair Work Inspector
- be in a legible form and in English (preferably in plain, simple English)
- be kept for seven years
- not be altered unless for the purposes of correcting an error
- not be false or misleading to the employer’s knowledge.
- Employee records are private and confidential. So employers must ensure that no one can access them other than the employee, their employer, and relevant payroll staff. Employers must make copies of an employee’s records available at the request of an employee or former employee.
Fair Work Inspectors and organisation officials (such as a trade union) may also access employee records (including personal information) to determine if there has been a contravention of relevant Commonwealth workplace laws.
Better HR provides the essential HR tools and advice you need to meet your record-keeping obligations.
What employment laws must I comply with to avoid prosecution?
Businesses who fail to comply with Australian employment laws risk big fines and penalties, damaging employee claims and expensive back-pay orders for employee underpayments.
Key advisors, such as directors, HR managers and payroll professionals, also risk prosecution and personal fines for accessorial liability if their business breaches the Fair Work Act.
Fair Work Inspectors have the power to enter a workplace at any time during working hours to inspect records and ensure compliance. Fair Work Inspectors can issue on the spot infringement notices. They can also refer serious matters to court for litigation.
Employers also need to comply with other national and state/territory laws such as:
- Work Health & Safety Laws
- Right To Work Laws
- Sex Discrimination Act
- Racial Discrimination Act
- Equal Opportunity for Women in the Workplace Act
- And more!
Better HR provides the essential HR tools and advice you need to ensure compliance with Australian employment laws.
What National Employment Standards must we provide to avoid expensive claims and penalties?
The Fair Work Act 2009 introduced 10 new National Employment Standards (NES) and a comprehensive Modern Award system which affect almost every business in Australia.
The NES consist of 10 minimum conditions of employment that all ‘National System Employers’ must now provide to their employees and set out weekly working hours, staff leave entitlements, termination and redundancy pay.
For many businesses – even with access to dedicated HR resources – this legislation can be complex and challenging. Without sufficient knowledge or expertise, your business could be exposed to unnecessary administrative complications and increased risks of being prosecuted.
Remember that as an employer you are responsible for complying with the National Employment Standards and heavy fines can be imposed if you breach your NES obligations.
Find out all you need to know about the National Employment Standards and how Better HR can give your business confidence that your everyday employment relations decisions are compliant.
Not only does Better HR reduce the costs of compliance with the Fair Work Act 2009, we also take the worry, hassle and uncertainty out of understanding your obligations so that you can get on with the job of running your business.
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