Monday 19 December - Creating Confidence In How People Are Paid
Newsbite: New paid family and domestic violence leave
All employees, whether full time, part time or casual, will soon be able to access 10 days of paid family and domestic violence leave in a 12-month period. There leave is not pro-rated for part time and casual employees, they will have access to the full 10 days.
The leave will be available from:
How is the leave granted for new and existing employees?
The leave renews every year on each employee's work anniversary. It doesn’t accumulate from year to year if it isn’t used.
Employees who start on or after the date that the paid leave entitlement becomes available at their new workplace can access the full 10 days from their first day. The leave will renew on their work anniversary.
Employees who are already employed when the paid leave entitlement starts in their workplace can access the full 10 days on the relevant start date. The leave then renews on the anniversary of when they started working for that employer (not on the anniversary of the relevant start date).
For example, an existing employee who commenced on 15 July 2022 will be granted 10 days on 1 February 2023 if employed by large business employer. Their next 10-day entitlement will then be granted on 15 July 2023.
At what rate is the leave paid?
Full-time and part-time employees can take paid family and domestic violence leave at their full pay rate for the hours they would have worked if they weren't on leave.
An employee's full pay rate is their base rate plus any:
Casual employees will be paid at their full pay rate worked out as if the employee had worked the hours in the period for which they were rostered. A casual employee is taken to have been rostered to work hours in a particular period if they have accepted an offer from an employer to work those hours.
Other considerations:
To find out more from Fair Work, including the definition of family and domestic violence leave and who is eligible to access the leave, please click here.
Membership Referral Program
Are you an existing? Australian Payroll Association ??
This Holiday Season grab your very own $50.00 Prezzee Gift Voucher and enjoy?lighter?spending at places like Woolies, Uber Eats, Coles, Myer, Bunnings, JB-Hi-Fi and many more.?
Simply refer a friend?or friends?to purchase an APA membership via your unique referral link. Using this link your friends?will receive a 10% discount off their APA Membership and you will receive a Gift Card.?
To access the referral landing page click here.
It only takes 30 seconds.?
Christmas period Public holidays
Public holidays can be different depending on the state or territory you work in.
It’s important to know when public holidays are because employees can get different entitlements on these days.
Upcoming public holidays in your state or territory include:
Australian Capital Territory
New South Wales
Northern Territory
Queensland
South Australia
领英推荐
Tasmania
Victoria
Western Australia
Working outside your state or region on a public holiday
An employee is entitled to public holidays depending on where they are based for work not where they are working on the day of the public holiday.
Newbite: Significant shift for Long Service Leave in NSW
In New South Wales (NSW), long service leave is a statutory entitlement for employees who have worked for the same employer for a period of at least 10 years. Long service leave entitlements are governed by the Long Service Leave Act 1955 and are administered by the Long Service Corporation, an independent statutory authority in NSW.
Employers should be looking at how they track their employees’ entitlements to long service leave in NSW, following a decision by the Court of Appeal which overturned the previous understanding of how the Long Service Leave Act 1955 (NSW) applied to employees who have moved between States or countries during their continuous service.
Based on the unanimous decision, clear and discrete periods of service outside of NSW are not likely to count for long service leave purposes, even where an employee ultimately returns to NSW and reaches their anniversary date (or has their employment terminated) in NSW.
There are two key points from the Court of Appeal’s decision:
Change in approach
The Full Court in Wipro held that this type of approach is wrong. Instead, the entitlement to long service leave hinges on “continuous service” in NSW. The Court held that, to constitute continuous service, all periods need to have a substantial connection to NSW.
As a result, discrete periods of service outside of NSW which do not have a substantial connection to NSW would not ordinarily be subject to the provisions of the LSL Act.
In Wipro, the relevant employee had close to six years’ service in India and close to five years’ service in NSW. The Court held that the Indian service had no substantial connection to NSW and accordingly could not be counted for the purposes of determining whether the employee had an entitlement to long service leave.
This approach does not mean that all service outside of NSW will never be counted for long service leave purposes. As the Court identified, there might be scenarios where an overseas or inter-State worker is subject to other matters connecting them to NSW, such as being directed to work from NSW or having a contract formed in NSW. These matters might still result in the various periods of service being said to have a “substantial connection” to NSW.
Ordinarily, however, clear and distinct overseas or interstate periods of service are now unlikely to qualify as continuous service for the purposes of the LSL Act.
Save the Date: 2023 Australian Payroll Summit
Following two successful summits in 2022,?Australian Payroll Association?will be returning to the most iconic venue in Sydney, the Luna Park Crystal Palace, on Friday 31 March 2023.
For our Members, Clients and Partners -?Save the Date.
If you are a provider of payroll related solutions and services and you are interested in learning?more about the opportunities?to participate in the Summit please feel free to contact our Events team - [email protected]
Ticket sales for the Summit will commence in January - 2023.
Did you know?
Payroll Tax – Did you know that the cents per kilometre exemption for Payroll Tax does not always align with the ATO approved rate, and that for this FY the Payroll Tax exemption rate is 72 cents?
2023 Payroll Training Events
Newsletter Update:
This will be the last LinkedIn Newsletter for 2022. We will be back in late Jan-2023
Happy Holidays.