IR Q&A - Issue 1

Posted 21 September 2018

IR Q&A - Issue 1

Master Builders are running a series of Q&A's with our legal team - make sure to keep an eye out for these informative pieces. 

 

Q: Do I have to give my staff pay slips?

A: Yes!  Employers have a legal obligation to provide a payslip to its employees.  In a Fair Work Ombudsman review, payslips are one of the first things checked. 

 

Q: What needs to be included in a payslip?

A: The following information needs to be included on a payslip:

  • the employer's name
  • the ABN of the employer
  • the employee's name
  • the period to which the pay slip relates
  • the date on which the payment to which the pay slip relates was made
  • the gross amount of the payment
  • the net amount of the payment
  • details of any amount paid that is a bonus, loading, allowance, penalty rate, incentive-based payment or other separately identifiable entitlement
  • If an amount is deducted from the gross payment, the pay slip must also include the name, or the name and number, of the fund or account into which the deduction was paid
  • Where an hourly rate of pay applies, the pay-slip must specify what the rate is (where casual – the base rate and casual loading to be shown separately)
    • the number of hours in that period for which the employee was employed at that rate
    • the amount of the payment made at that rate
    • Where an annual rate of pay applies, the pay slip must also include the current salary rate.
    • All super contributions set out specifically including date made, amount and fund the contributions were made to.

Pay slips must be provided to the employee within one (1) working day of payment being made

 

Right of Entry to workplaces

We have seen an increase of visits being made by unions in both ACT and over the border.  It is important that you and your staff are aware of your rights and obligations if you are subject to a ‘visit’.

Depending on the reason for the visit or if the union official is exercising their ‘right of entry’ powers will depend on whether you are required to allow them access.  If they are, you should ask the following questions:

  1. Does the union official have a valid entry permit and have they shown this to you?
  2. What is the reason for their ‘visit’?  Depending on the reason will depend on the notice to be provided:
    -  For WHS issues – depending on the nature of the WHS issue, where it is for a suspected safety concern or breach on site and it is within work hours, access should be provided as soon as the PCBU has been notified of the union official’s presence at site.
  3. To hold discussions with employees – at least 24 hours’ notice but not more than 14 days before entry.
  4. To investigate matters concerning the Award, industrial agreement and/or the Fair Work legislation – at least 24 hours’ notice but not more than 14 days before entry.

A union official cannot intentionally hinder or obstruct works on site and must comply with any reasonable requests by the PCBU to comply with any WHS requirements, such as inductions etc. that might apply to the site.  Please note that you cannot refuse or unduly delay entry to a union official.

 

Christmas Period shutdown        

Under some Modern Awards, including the Building and Construction General On-Site Award 2010, there is a requirement for an employer to give at least two (2) months’ notice to workers if they intend to shut down over the Christmas/New Year period if the purpose is to give employees all of their accumulated annual leave.  Where there is not enough leave to cover the shutdown period, the employee will take any accrued annual leave and unpaid leave for the balance of the shutdown. 

To view a sample notice, click here.

 

If you require further advice, please contact Kristie Burt on 6175 5919 or 0401 925 596.

 

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