IR Q&A Issue 14

Posted 15 February 2019

IR Q&A Issue 14

Q: My workers are often keen for a few beers after work. Is there any problem with encouraging this behaviour?

A: There is no issue with having a few beers to wind down on a Friday afternoon after a big week. You should, however, be conscious of whether you have a drug and alcohol policy in place, what the policy says, where the beers are consumed and then how you and your workers are going to get home. Some sites also have a zero-tolerance of drugs and alcohol so just make sure that you're not breaching your policy and/or your contract terms and conditions.

As an employer, you still have obligations in terms of the health and safety of your employees, even if you have clocked off for the day but are still on site and they still need to travel home.

Q: One of my employees has resigned but has not given me sufficient notice. Can I withhold an amount from their final pay being for the lack of notice?

A: It will depend on the Award the employee is covered by, but generally, if insufficient notice has been provided by the employee, there might be some monies that can be withheld from the final pay.

The Building and Construction General On-Site Award 2010 provides that if an employee fails to give the required notice, the employer may withhold any monies due to the employee, not exceeding the amount that would have been paid under the Award in respect of the period of notice required, less the notice provided (see Clause 16.2).

Q: I've been told that I need to make Cbus contributions monthly. Is it true?

A: Yes, there are some super funds, like Cbus, that require employer contributions to be paid monthly rather than quarterly. It is important to check the super funds that you pay into for your employees to ensure that you are compliant with your obligations.

If you have any queries or would like to ask a question, please contact Kristie Burt on 6175 5919 or email kburt@mba.org.au

← Back to listing