Compliance Update – September 2020

The High Court, ATO, Fair Work, and the Federal and Queensland governments have announced changes that may impact your HR and payroll.

VIC AFL Grand Final Eve P/H Change
Business Victoria has announced that Friday before the AFL Grand Final – Fri 23 Oct 2020 – will be a Public Holiday in Victoria. For Aurion users – please ensure you modify the holiday that was originally Fri 25 Sep 2020 to the correct date in your Public Holiday calendar. To update the calendar, please follow the instructions available in online help here (login for access).

Changes to the Aged Care Award
On 26 August 2020, the Fair Work Commission issued a final determination varying the payment of wages on termination clause in the Aged Care Award. The change applies from the first full pay period starting on or after 26 August 2020. The change helps clear up when an employer needs to pay an employee’s final pay. More information is available from the Fairwork Commission.

WorkPac v Rossato – ASIC guidance
In May, the Federal Court ruled in WorkPac v Rossato that casual employees working regular and systematic hours may be considered permanent employees, and claim for entitlements not usually applicable to genuine casuals. WorkPac has filed a High Court challenge.

ASIC advises that: “Companies should provide for additional employee entitlements (including annual leave, personal and carer’s leave, compassionate leave, public holiday pay, and redundancy payments) to past and present “casual employees” who were employed in circumstances covered by the Federal Court decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84”. More information from ASIC is available.

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