Archive for year: 2023

Becoming a parent is a life-changing event that brings joy and challenges. For working parents, it can be especially difficult to balance the demands of work and family. In Australia, the government recognizes the importance of supporting working parents during this time and has implemented several policies aimed at making the transition to parenthood a little easier. One of these policies is Parental Leave.

Parental Leave is a form of leave that allows eligible employees to take time off work to care for a newborn or recently adopted child. In Australia, employees are entitled to different forms of parental leave, including paid and unpaid leave, depending on their employment contract and the legislation that applies to their situation.

The main legislation governing Parental Leave in Australia is the Fair Work Act 2009. Under this legislation, eligible employees are entitled to take up to 12 months of unpaid parental leave. To be eligible for unpaid parental leave, an employee must meet the following criteria:

• The employee must have worked for their employer for at least 12 months immediately prior to the birth or adoption of the child
• The employee must be the primary caregiver of the child

In addition to the right to take up to 12 months of unpaid parental leave, eligible employees may also be entitled to paid parental leave through the government-funded Paid Parental Leave scheme. The Paid Parental Leave scheme provides eligible employees with up to 18 weeks of financial support at the rate of the National Minimum Wage. To be eligible for this scheme, an employee must meet the criteria outlined above and have worked for at least 10 of the 13 months prior to the birth or adoption of the child, with at least 330 hours worked during that 10-month period.

It’s important to note that Parental Leave is a workplace entitlement, meaning that employees can take this leave without the risk of losing their job. Employers are obligated to provide this leave to eligible employees and must not discriminate against employees who take leave for the purpose of caring for a new child.

Parental Leave is not only beneficial to working parents and their families, but it also has a positive impact on the Australian economy. By providing working parents with the ability to take time off work to care for their new child, Parental Leave helps to reduce the stress and financial insecurity that can come with the transition to parenthood. This, in turn, increases productivity and contributes to a more supportive and family-friendly workplace environment.

In conclusion, Parental Leave is an important policy that provides support to working parents during the early stages of their child’s life. This policy allows employees to take time off work to care for their new child without the risk of losing their job, and provides financial support through the Paid Parental Leave scheme. By providing support to working parents, Parental Leave helps to create a supportive and family-friendly workplace environment and contributes to a more productive and resilient Australian economy.

Clyde Industrial advises different businesses on how to manage their company’s leaves and schedule adherence policies. Contact us if you need help in this area.

info@clydeindustrial.com.au

1800 954 696

As we stand on the brink of the second half of 2023, the Australian workplace is set to undergo a significant transformation. Effective from the 1st of July, these updates will bring about a new era of employment law, impacting minimum wages, paid parental leave, superannuation guarantees, and the aged care sector.

Uptick in Minimum Wages Starting from July

The Fair Work Commission’s Annual Wage Review 2022-23 has announced a noteworthy increase in the National Minimum Wage. Starting from 1 July 2023, employees will receive a minimum of $882.80 per week or $23.23 per hour. This increase will be applicable from the first full pay period starting on or after this date. In addition, award minimum wages will see a rise of 5.75%.

Revamped Paid Parental Leave Scheme

Significant changes are set to redefine the Paid Parental Leave scheme from 1 July 2023. Partnered couples can claim up to 20 weeks’ paid parental leave between them, while parents who are single at the time of their claim can access the full 20 weeks. These changes will affect employees whose baby is born or placed in their care on or after 1 July 2023.

Boost in Superannuation Guarantee

The superannuation guarantee is set to increase from 10.5% to 11% from 1 July 2023. For a deeper understanding of your super obligations or entitlements, you can contact the Australian Taxation Office (ATO) for help and advice.

Uplift in Aged Care Sector Wage

Starting from 30 June 2023, direct care and some senior food services employees in the aged care sector will receive a 15% wage increase. This increase applies to eligible employees covered by the Aged Care Award, Social, Community, Home Care and Disability Services Industry (SCHADS) Award, and Nurses Award. It will take effect from the start of the employee’s first full pay period on or after 30 June 2023.

Changes in Supported Employment Services Award

From 30 June 2023, the Supported Employment Services Award will undergo changes, including minimum rates, classifications, and supported wage assessments. For more information, please contact us.

Australia does not mandate that employment contracts to be in writing. Some Modern Awards or Enterprise Agreements do require employees and their employees to agree to certain things in writing, such as minimum part time hours of work, days and times when work will occur and flexible work arrangements. However, in general there is no overarching statutory obligation for working arrangements to be recorded in writing.

Importantly, it does not mean that a contract of employment is not required. It simply means that the contract of employment does not need to be recorded in writing.

An official employment contract serves to safeguard both the employer and the employee. Conflicts about the terms and conditions of work are likely to occur in the absence of a documented employment contract. When there are no employment contracts in place to govern the job relationship, employers frequently struggle to deal with their employees.

A ‘contract’ is simply any promise, or binding agreement between two parties that has the four essential elements of a contract. Those key elements are:

• There is an offer;
• There is acceptance;
• There is an intention to create a binding legal relationship; and
• There is consideration (in other words, the contract involves an exchange. In the case of employment, the exchange that occurs is labour in exchange for a wage).
• The essential elements of a contract can be achieved through either a verbal or written agreement.

There are three crucial questions you should ask when creating a contract,

1. Is the position covered by a contract or award?
2. Is the position full-time, part-time, or casual?
3. Is the position for a set period of time or a specific project?

Is it alright to NOT have a contract?

While this is not unlawful (unless there are specified things that must be agreed to in writing by an Award or Enterprise Agreement), it poses a serious danger to any employer, especially if a disagreement were to develop later on in the employment relationship. In this sense, a written contract of employment should be seen as a crucial source document that can explicitly state what was agreed to in the beginning.

Employment contracts can include a range of terms, provided what is being agreed to is not inconsistent with the law, or a minimum term of an Award or Enterprise Agreement.

What should I include in my contracts?

At their most basic level, employment contracts should contain the following:

1. The parties:

Who is a party to the contract.

2. The position:

What position has the person been employed in?

3. Payment terms:

Of course, payment conditions are essential to creating an employment contract. These conditions should outline the agreed-upon sum, the frequency of payments, and the conditions under which the sum may grow. The agreement should clearly state what is included in the payment if it includes other sums (such as a set rate or salary).

4. General Terms relating to the National Employment Standards:

It is crucial to record the general terms of the engagement even though many of these may already be covered by the law. This should include information such as the employee’s regular working hours, applicable leave benefits, and the amount of notice needed to end the employment contract by either side.

Employers may also choose to add additional terms that are pertinent to their business or sector in addition to the ones listed above. These could include non-disclosure agreements or stipulations restricting trade or employment activities post-employment. These need to be carefully drafted, but they are frequently crucial to safeguarding the company both during and after the employment period.

Important to Remember:

1. An employment contract is likely to exist whether its written down or not.
2. The interests of both parties are best met by having a written contract of employment.
3. Contracts should include some key terms, but should also reflect the specific interests of the business.

If you require further assistance in drafting employment contracts for your business, contact Clyde Industrial today on 1800 954 696.

Do you need further assistance in drafting employment contracts?

We’re ready to help you.

info@clydeindustrial.com.au

1800 954 696

What does flexibility actually mean? It’s a buzzword that’s being used more and more in workplace conversations by both companies and employees. Flexibility in the workplace is when modifications are made to how, when, or where a person works to satisfy the needs of an individual, a business, or in some circumstances, both.

The Truth about Flexibility

Some business owners define flexibility as nothing more than working extended hours to accommodate clients or consumers from various places or industries, or opening on weekends or holidays to draw in more people. For others, it can entail hiring temporary workers to bolster a permanent workforce or requiring current employees to put in more hours. In our post COVID-affected world, flexibility has become increasingly evident, with many employees developing hybrid positions and working from home to allow for flexibility both inside and outside of the workplace.

Wages and Payment in Flexibility

You must pay your personnel fairly, regardless of how your business is run, even while working flexibly. For instance, working before, after, or on the weekend may result in fines or overtime charges. How will you maintain track of an employee’s working hours if you allow them to work remotely? Are you fulfilling your commitments for the minimal engagement duration if you give your employees the freedom to work whenever they choose, for example, on a results-based system?

Before ordering or approving a flexible work arrangement, these aspects must be taken into account. The best course of action is to review the employee’s contract as well as any relevant modern award or enterprise agreement to see if there are any remuneration implications of workplace flexibility.

As everyone is aware, failing to pay the correct minimum entitlements under an enterprise agreement or modern award can result in severe fines under the Fair Work Act (FW Act 2009).

Working Conditions for Flexibility

The employees themselves may request flexible working conditions from you, such as a reduction in hours, a later start time, or the option to work from home. The following employees have the right to ask for a change in their working conditions under the FW Act’s National Employment Standards (NES):

• a guardian or parent of a young child who is at school;
• a caregiver as defined by the 2010 Carer Recognition Act;
• a disabled individual;
• a person who has reached the age of 55;
• a person who is being abused by a family member of the employee; and
• an individual who offers care or assistance to a member of the employee’s household or immediate family who needs it due to violence they are facing at the hands of a family member.

To be qualified to make a flexible work request, the employee must have worked for you for at least 12 months continuously or be a long-term casual employee with a reasonable expectation of ongoing employment on a regular and systematic basis.

A request for flexible working hours from one of these employees must be taken into consideration, and you must respond in writing within 21 days to say whether you accept or reject the request. Additional procedural requirements, such as the necessity to truly attempt to achieve an agreement on a change before rejecting a request, may be imposed by a modern award or enterprise agreement.

Can Flexibility Requests Be Denied?

You may decline a request for flexible working arrangements from an eligible employee only on reasonable business grounds, such as that granting the request would be financially or logistically impossible, or that it would have a major impact on productivity or customer service, and you must state your reasons for refusal in your response. It must be more than just annoying or unwelcome.

But what if a request is made by a worker who doesn’t meet the aforementioned requirements? Although they have no legal need to have their request taken into account in this situation, we advise doing so out of a sense of good judgment. In order to foster a culture of mutual flexibility and to ensure that your staff feel appreciated and heard, it may be worthwhile to take a minute to examine whether such a request is feasible for your company. After all, they’re more likely to reject your pleas for flexibility if you reject theirs. Additionally, it will lessen the possibility of employee claims, such as those based on discrimination.

In the case of employees who are working from home, you should get more insight as to why they are sending such requests before approving or denying flexibility arrangements. Objectivity will be your friend and your employees will need to give you a good reason more than mere convenience.

If you need help in building a solid system and ensuring that your protocols and processes are compliant for flexible working arrangements, contact Clyde Industrial now.

Let us help you. We’re ready!

info@clydeindustrial.com.au

1800 954 696