Business 360

18/02/2025

WAGE UNDERPAYMENTS NOW A CRIMINAL OFFENCE

From 1 January 2025, employers who intentionally underpay employees (wage theft) could face criminal charges, with severe penalties including fines up to $7.825 million and 10 years’ imprisonment for individuals. These new laws reinforce the need for strict payroll compliance and proactive risk management.

What the New Laws Mean for Employers

Under the changes, an employer commits an offence if they:

* Intentionally fail to pay an employee their full entitlements on or before the due date.
* Operate in a corporate culture that encourages, tolerates, or fails to prevent wage underpayment.
* Unlike civil breaches, criminal cases will be prosecuted by the Director of Public Prosecutions or the Australian Federal Police, and guilt must be proven beyond reasonable doubt.

Who can be held liable? What are the penalties? What should you do now?

Read the full article here t.ly/uLd4S

From 1 January 2025, employers who intentionally underpay employees (wage theft) could face criminal charges, with severe penalties including fines up to $7.825 million and 10 years’ imprisonment for individuals. These new laws reinforce the need for strict payroll compliance and proactive risk ma...

14/11/2024

Industrial Manslaughter Laws: The Harmonisation Across States

In September 2024, Tasmania became the last Australian state to introduce industrial manslaughter laws, aligning with the national trend of holding PCBUs (Persons Conducting a Business or Undertaking) and their officers criminally liable for workplace deaths due to gross negligence or recklessness. Despite differences between state laws, the core principle remains: severe penalties, including imprisonment and fines, underscore the government’s focus on workplace safety.

What is Industrial Manslaughter?

Industrial manslaughter laws are designed to hold PCBUs and their officers accountable when their gross negligence leads to a fatality in the workplace. Unlike standard WHS provisions, which are generally risk-based, industrial manslaughter laws specifically target serious breaches of duty of care that directly cause a worker’s death. These provisions are part of a growing harmonisation across Australian states and territories, all aiming to prioritise worker safety and impose significant consequences for non-compliance.

What Businesses Need to Do - Read On t.ly/QYgBs

In September 2024, Tasmania became the last Australian state to introduce industrial manslaughter laws, aligning with the national trend of holding PCBUs (Persons Conducting a Business or Undertaking) and their officers criminally liable for workplace deaths due to gross negligence or recklessness.....

22/10/2024

WHS - A FOCUS ON PSYCHOSOCIAL WELLBEING

Workplace health and safety (WHS) responsibilities no longer focus solely on physical risks. WHS increasingly encompasses employees' health and wellbeing, including mental and emotional health. This is reflected in Safe Work Australia's Psychosocial Code of Practice, which highlights the employer’s duty to proactively manage wellbeing hazards in the workplace.

The psychosocial Code of Practice places a non-delegable duty of care on employers to identify, assess, and control psychosocial risks.

What are the hazards? What is business's role in managing wellbeing? Read On t.ly/MiETc

Workplace health and safety (WHS) responsibilities no longer focus solely on physical risks. WHS increasingly encompasses employees' health and wellbeing, including mental and emotional health. This is reflected in Safe Work Australia's Psychosocial Code of Practice, which highlights the employer’...

15/10/2024

October is National Mental Health Month in Australia, a crucial time to focus on mental health awareness. As businesses, we play a key role in supporting employee mental wellbeing since workplaces are a reflection of the broader community.

Business 360 offers tailored services to support your organisation’s mental health initiatives. Whether it’s policy development, employee engagement, or workplace audits, we’re here to help create a workplace where mental wellbeing thrives.

Why Mental Health Matters in the Workplace

Workplaces significantly influence mental wellbeing and poor mental health can lead to higher absenteeism and increased compensation costs.

Key Causes of Mental Health Claims in the Workplace
* Workplace bullying and harassment
* Work pressure
* Exposure to occupation violence

What Your Business Can Do During National Mental Health Month
Read the full article t.ly/lFBhW

October is National Mental Health Month in Australia, a crucial time to focus on mental health awareness. As businesses, we play a key role in supporting employee mental wellbeing since workplaces are a reflection of the broader community. Why Mental Health Matters in the Workplace

26/08/2024

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18/07/2024

Safework NSW Psychosocial Hazard Blitz: Ensuring Compliance

As part of its Psychosocial Health and Safety Strategy 2024-2026, SafeWork NSW has launched a targeted inspection campaign for medium to large businesses, underscoring the immediate need to effectively manage psychosocial hazards.

Medium to large businesses and government agencies are the target group addressing work overload, bullying, harassment and traumatic exposure.

Non-compliance with psychosocial hazard regulations can lead to significant legal repercussions from fines to prison sentences.

Is your business compliant and proactive? Read On t.ly/XLJB_

SafeWork NSW has launched an urgent and targeted inspection campaign for medium to large businesses, underscoring the immediate need for effective management of psychosocial hazards.

20/06/2024

Navigating Annualised Salaries Amid Underpayment Claims

Annualised salaries may offer a streamlined way to cover all minimum entitlements, such as penalties and overtime. This method reduces the short-term administrative burden of fortnightly payroll but requires careful management to ensure compliance with Modern Awards.

Key considerations:
• Modern Awards
• Record-keeping
• Regular Audits
• Employment Contract Compliance

Read on for more information t.ly/hHX-I

Annualised salaries may offer a streamlined way to cover all minimum entitlements, such as penalties and overtime. This method reduces the short-term administrative burden of fortnightly payroll but requires careful management to ensure compliance with Modern Awards.

06/06/2024

1 JULY 2024 AWARD WAGE INCREASES

On Monday, 3 June, the Fair Work Commission announced its decision on the annual wage review.

Effective 1 July 2024, the National Minimum Wage will increase by 3.75%, rising to $24.10 per hour and $915.84 per week for a 38-hour week. This increase will also apply to all classification levels across the 121 Modern Awards.

With wage theft set to become a criminal offence in less than six months, ensuring compliance with the National Employment Standards, awards, or enterprise agreements is more critical than ever.

Read on for the essential steps for compliance t.ly/9Harh

On Monday, 3 June 2024, the Fair Work Commission announced its decision on the annual wage review. Effective 1 July 2024, the National Minimum Wage will increase by 3.75%, rising to $24.10 per hour and $915.84 per week for a 38-hour week

07/05/2024

Flexible Work Arrangements - Updated Guidelines

Significant updates have been made to flexible work arrangements, expanding the eligibility for employees to request flexible working conditions. These updates specifically introduced rights for two new groups:

* Employees affected by family or domestic violence, including those who provide care or support to a household or immediate family member affected by such circumstances.

* Pregnant employees, enhancing their support during a critical period.

Employers are now obliged to review these requests promptly and thoroughly. This process involves engaging in discussions with the employee to genuinely attempt reaching a mutually agreeable solution. Employers must issue their decision in writing within 21 days of receiving the request.

Read on t.ly/fp1oP

Significant updates have been made to flexible work arrangements, expanding the eligibility for employees to request flexible working conditions. These updates specifically introduced rights for two new groups.

24/04/2024

Navigating Unfair Dismissals: A Strategic Guide for Employers

The prospect of facing an unfair dismissal claim can be daunting for many employers. In fact, the fear of potential legal repercussions often deters them from terminating employees who display poor performance or engage in misconduct.

In Australian workplace law, employers are required to demonstrate adherence to a procedurally fair process when terminating an employee. This process must validate a legitimate reason for dismissal and confirm that the termination is not unfair, harsh, or unjust. To be considered fair, the dismissal should meet all the specified requirements.

Ensuring Compliance: Steps to Mitigate Unfair Dismissal Claims
Read On t.ly/xTLcb

In Australian workplace law, employers are required to demonstrate adherence to a procedurally fair process when terminating an employee. This process must validate a legitimate reason for dismissal and confirm that the termination is not unfair, harsh, or unjust. To be considered fair, the dismissa...

04/04/2024

Wage Theft: A New Criminal Offence In Australia

The Federal Government's "Closing the Loopholes" legislation has taken a significant step by criminalising employers' intentional underpayment of wages.

Starting from January 2025, employers will be committing an offence if they intentionally fail to pay amounts due to employees, such as wages or superannuation, under the Fair Work Act or an industrial instrument.

Critical Points for Employers:

• The Fair Work Ombudsman will investigate suspected underpayment offences.
• Courts will determine penalties for violations.
• Maximum penalties for companies can be either three times the amount of the underpayment or $7.825 million, whichever is greater. If the underpayment amount cannot be determined, the penalty will be $7.825 million.
• Individuals found guilty can face up to 10 years in prison and fines of either three times the amount of the underpayment or $1.565 million, whichever is greater. If the underpayment amount cannot be determined, the penalty will be $1.565 million.

What are the implications for Employers? Read On t.ly/jUDpg

26/03/2024

Casual Employment Changes in Australia: What Employers Need to Know

The Federal Government's "Closing the Loopholes" legislation has received Royal Assent and is now law, bringing significant changes to casual employment in Australia. The recent amendments have shifted the focus to the terms of the offer of employment and its acceptance to determine if an employee is casual.

Starting from August 2024, the definition of casual employment will undergo further changes, emphasising:
• The real substance, practical reality, and true nature of the employment relationship.
• The employment contract itself.
• The mutual understanding or expectation between employer and employee, which may be inferred from their conduct or how the contract is performed.
• Considerations include the employer's ability to offer work, the nature of the enterprise, the presence of full-time or part-time employees doing similar work, and the regularity of the employee's work pattern.

Click below to read further about employee choice and employer implications.
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