Helpful Employment Law Information
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There have been a number of instances recently with candidates informing us of new government regulations and so too clients indicating new rules surrounding employment.

Below are a few topics that may assist and interest you.

 

WAGE SUBSIDIES

This payment is provided by the federal government to eligible businesses to help boost the economy, create more jobs, and expand their staff.

 

Types of subsidies

Restart

This subsidy allows the employer to receive up to $10,000 for employing either:

  • A candidate who is deemed as mature aged (50 years or older)
  • A candidate who has been unemployed for 6 months or more.

The candidates employed must maintain their employment for at least 12 months, for the employer to be eligible for the subsidy.

 

Long Term Unemployed / Indigenous Wage Subsidy

This subsidy allows the employer to receive up to $6,500 if the employee has commenced with a jobactive provider and are in continuous service of their obligations of the last 12 months.

 

Parent Wage Subsidy

The eligible employer may receive up to $6,500 if the candidate has commenced with a jobactive provider for the past 6 months and is either on receipt of parenting payment, Newstart allowance or Youth Allowance.

For further information, visit www.employment.gov.au/wage-subsidies

  

ADDITIONAL CITIZEN PATHWAY FOR NEW ZEALANDERS

This additional visa pathway will be available from 1st July 2017 and has been announced as an additional pathway to permanent residence and therefore citizenship. To be eligible, the candidate must:

  • Hold a Special Category Visa (SCV)
  • Have arrived in Australia after 26th February 2001 or before 19th February 2016-03-09
  • Have been a resident of Australia for five years prior to applying
  • Have earned a taxable income of at least $53,900 in each of the five years.

 

PAID PARENTAL LEAVE CHANGES

For children born or adopted on or after 1st July 2016, these changes will apply.

The Parental Leave Pay, funded by the Federal Government (which provides support for up to 18 weeks to help eligible parents) will be reduced if the employee is also entitled to employer provided Primary Carer Pay (paid maternity leave).

Paid maternity leave, funded by the employer is not compulsory and if included, is a term of employment stated at comment contract or award / EBA.

For more information, visit www.humanservices.gov.au

 

NATIONAL EMPLOYMENT STANDARDS

Although not new, it’s good to keep informed of these, as they are set as the minimum entitlements for employees in Australia.

  1. An employee can work a maximum of 38 ordinary hours in one week
  2. Employees who have worked for the same employer for at least 12 months can request flexible working arrangements if they:
    1. Are a parent
    2. Are a carer
    3. Have a disability
    4. Are aged 55 years or older
    5. Are experiencing domestic violence
  3. Employees are entitled to 12 months of unpaid parental leave. They can also request an additional 12 months of leave.
  4. Annual leave: full and part time employees are entitled to 4 weeks of paid annual leave (based on their ordinary hours of work).
  5. Paid Sick/Carers Leave: Employees are entitled to 10 days each year for full time employees and pro-rata for part time employees.
  6. Community Service Leave: An employee is entitled to take community service leave (including voluntary emergency management activities) with no limit of the amount of leave the employee can take.
  7. Long Service Leave: Employees entitlements to long service leave is determined by state laws. In Victoria, an employee is entitled to long service leave after 10 years of continuous employment with one employer. After seven years of continuous employment, the employee is entitled to be paid an accrued basis.
  8. Public Holiday: Part Time and full time employees are entitled to a paid day off from work for all Victorian and Australian recognised public holidays.
  9. Notice of Termination/Redundancy: An employer must provide in writing a notice of termination/redundancy to their employee. All entitlements owed to the employee must be paid.
  10. Fair Work Information Statement: Employers must give every new employee a copy of the Fair Work Information Statement before, or at the commencement of their work.