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HR Highlight: Transfer of business

Posted by Elisha Radwanowski on 23 July 2014
HR Highlight: Transfer of business
Buying, selling or taking over a business is a stressful time. There are lease and operation contracts, bramding agreements,  suppliers to organise and a myriad of details to arrange.  As we have explored before there are also implications for staff when a business transfers. This wee'ks HR Highlight will explore the nature of Transfer of Business

Transfer of Business

It is very common for the arrangements at a site to change, and for the parties to consider that there is a change in management, not a transfer of business.  However the Fair Work Act applies a very specific test to establish whether, for the purposes of the employees involved, there has been a Transfer of Business, and all parties must understand this detailed area.  Failure to appropriately handle any transfers could result in serious penalties. The test of whether a business is transferring under the Fair Work Act is … Under section 311(1) of the Fair Work Act, a ...
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HR Highlight: Drugs at Work

Posted by Elisha Radwanowski on 7 July 2014
HR Highlight: Drugs at Work
The focus on Drug and Alcohol policies and testing within the workplace will not be going away anytime soon.  As explored in the latest issue of ACAPMAg and in previous HR Highlights, this area, while necessary, is fraught with danger from a HR perspective.  Two of the main areas of contention are; testing methodologies and the concept of 'fit to work’.  This week's HR Highlight will explore these issues. Saliva v Urine A funny sentence to type, but a concept that has caused no small amount of angst for employers, employees, testing agencies and regulators.  Philip Collins, of the Australian Drug Foundation, explains that both methods are equally valid the urine test tends to show up drug usage that may not be recent, due to the way the body metabolises the drugs.  Collins clarifies that urine testing then is for “detecting recreational use, as opposed to being fit for work.”  By contrast the saliva test ...
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HR Highlight: Employment Changes from 1 July 2014

Posted by Elisha Radwanowski on 30 June 2014
HR Highlight: Employment Changes from 1 July 2014
The recent National Wage Case, which instituted an increase to all Modern Awards, is not the only change that is coming in the employment sphere.  From 1 July 2014, there will also be changes to the optional Transitional Arrangement provisions under Modern Awards and the high income threshold and superannuation under the National Employment Standards.  This week's HR Highlight will outline these areas that all employers should be aware of. Transitional Arrangements From 1 July 2014 the Transitional Arrangements built into most Modern Awards come to an end. The Transitional Arrangements were instituted as part of the Award modernisation process to allow businesses to slowly progress from existing pre Modern Award rates to the full Modern Award rates. The transition period completes on 1 July 2014, with all businesses having moved onto the full rates within the Modern Award.  ACAPMA Members are reminded that the Quick Reference Guides for the new ...
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HR Highlight: Public holidays reminder

Posted by Elisha Radwanowski on 17 June 2014
HR Highlight: Public holidays reminder
Public Holidays offer an opportunity to connect with friends and family, but for business they can create a pressure on the roster and create confusion for payroll.  In light of the recent public holiday period, this week's HR Highlight will review the fundamentals of public holidays. Basics: Employment Instruments

Public holidays are broadly provided fro under the National Employment Standards but it is important to review the Modern Award, or employment instrument that the employee is engaged under to determine special treatment for some days and the rates and minimum hours to be offered. ACAPMA members are reminded that ACAPMA can provide advice and support on the operation of public holidays in the industry as well as resources on the calculation and application of public holiday rates.
Basics:  Working on a public holiday When a full- or part-time employee works a public holiday they have to be paid for the public holiday PLUS paid a premium...
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HR Highlight: ACAPMA Quick Reference Guides on new wage rates coming soon

Posted by Elisha Radwanowski on 10 June 2014
HR Highlight: ACAPMA Quick Reference Guides on new wage rates coming soon
The National Wage Case decision has been handed down and the result is that the minimum wage has increased by 3 per cent.  This has a clear flow-on effect to the wage rates in all Modern Awards and thus requires all employers to review their employment instruments before the new rates come into effect on 1 July 2014. National Wage Case Each year the Fair Work Commission reviews the cost of living, economy wide productivity indicators and the general health of the Australian economy to determine if the minimum wage rates set in the Awards are commensurate with a living wage. While not all National Wage Cases result in an increase in the minimum wage, most do. Changes to the minimum wage have flow-on effects to the wage rates in all of the Modern Awards, and come into effect for the first pay period on or after 1 July 2014. All employment instruments effected While the National Wage Case directly changes the wage rates in the Modern Awards there is a flow-on e...
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Thank all of you for all of your (massive) efforts in putting last weeks conference together, it was an absolute cracker and all of us over here are all very proud to have had our name attached to ...

Nick Green
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