Aitken logo
The Lawyers for Employers
  • Home
  • COVID-19
    • Key Issues
    • Useful Websites
    • COVID-19 Alert
  • About Us
    • Our Team
    • Our Community
    • Testimonials
    • Recruiting now
  • Our Services
  • Updates & Events
    • Events
  • Contact Us
    • Join Our Newsletter
Sunshine Coast  07 5413 4000  | Gold Coast  07 5593 1665
Request a Meeting
November 23, 2019

Award and Employee Entitlements

Award and Employee Entitlements

  • Our Services
  • Start of Employment

Are you paying employees correctly? Employee entitlements are generally determined by awards, legislation and contracts of employment, but may also be determined by an enterprise agreement in some workplaces.

With over 150 awards which are employer, industry and/or occupation based, it can be difficult for employers to firstly understand which award applies to their business and secondly keep up with all the changes. Applying the right Award is essential. Failure to apply the right Award and/or pay in accordance with its provisions has resulted in significant back payments and penalties for employers.

Determining Award coverage

A starting point is to determine whether your business is subject to the Modern Award system. Aitken Legal can do this for you.

Important considerations are:

  • whether there is an award that covers your industry;
  • whether there is an award that covers the employees’ occupation; or
  • whether there is no award coverage for the position.

Common mistakes we see with employee entitlements

  • Paying a ‘salary’ to an award covered employee and then assuming that award conditions are not applicable to that employee.
  • Paying an above award wage or salary, without a written agreement allowing for ‘off setting’ other award entitlements, and assuming that you can ‘set off’ those award entitlements.
  • Failing to realise that there is an award that applies to an employee’s employment and not complying with relevant award provisions, including minimum pay rates.
  • Failing to pay the applicable overtime and penalty rates.
  • Not understanding obligations in relation to part-time employees under awards – for example, setting days, time and hours of work and the risk of overtime rates applying when they work outside of these hours.
  • Not enforcing meal breaks in accordance with the relevant award.

Key risks of getting it wrong

‘Wage theft’ is a hot topic and major focus of the FWO. Employers need to proactively ensure they are paying employees correctly and complying with their award and legislative obligations or the consequences can be hefty – not just against the employer entity but against directors and managers personally too.

The Fair Work Ombudsman does not accept ignorance as an excuse. An underpayment or non-payment of an employee’s entitlements can lead to an investigation by the Fair Work Ombudsman and civil penalties of $13,320 per breach for an individual and $66,600 per breach for a corporation.

How can we help you? 

Aitken Legal assists Employers to determine what instruments govern their employees’ entitlements and we work with them to ensure compliance. Don’t make protecting your business a costly afterthought – speak to one of our experienced Employment Lawyers.

'Award & Employee Entitlements' Related News

Untitled design (2)
December 21, 2020

EMPLOYMENT UPDATE

Modern Award Round Up for 2020

This year has seen a significant number of award changes as the Fair Work Commission (‘FWC’) draws near completion of its 4-yearly review.   Award changes have also resulted from the insertion of various schedules into awards to deal with the COVID-19 pandemic. Award Flexibility Schedules On 8 April 2020 the Full Bench of the FWC […]

Read More

Employment update (1)
December 21, 2020

ALERT!

Are you up-to-date with JobKeeper 2.0?

The JobKeeper scheme commenced on 30 March 2020 and has been extended until 28 March 2021. The scheme was extended in September by two extension periods for eligible entities meeting the relevant reduction in turnover requirement. The required decline in turnover percentage to satisfy the turnover requirement is: 30% if your turnover is $1 billion […]

Read More

200 x 200
November 30, 2020

ALERT!

Changes to 97 Modern Awards – Casual and Overtime Provisions

The Fair Work Commission (‘the Commission’) as part of its 4-yearly review of modern awards has clarified “overtime for casuals” in 97 awards.  The need for clarification was initiated by a Statement issued by the Full Bench (as then constituted) on 4 December 2017.  This Statement included a table identifying modern awards which were considered […]

Read More

wage increase
October 20, 2020

1.75% increase on 1 November 2020 for Group 2 Modern Awards

The Full Bench of the Fair Work Commission this year determined an increase to the National Minimum Wage of 1.75%, and for the same increase to be applied to the minimum rates in each Modern Award.   As Aitken Legal previously reported, the increases to Award rates of pay are to take place on a staged […]

Read More

Search our Website

Search our Updates

Select a Child Category
category
Loading....
07 5413 4000
Join Our Newsletter

Our Services

  • Employment Contracts
  • Enterprise Agreements
  • Award and Employee Entitlements
  • Policies and Procedures
  • Independent Contractor Agreements
  • Performance Management
  • Managing Ill and Injured Employees
  • Underpayment Claims
  • Fair Work Ombudsman Investigations
  • Workplace Bullying
  • Discrimination and Harassment / Sexual Harassment
  • Restructuring
  • Workplace Investigations
  • Sham Contracting
  • Transfer of Employment
  • Industrial Action and Unions
  • Workers Compensation Reviews
  • Workplace Health and Safety
  • Serious Misconduct
  • Redundancy
  • Termination of Employment
  • Unfair Dismissal
  • General Protection
  • Restraint of Trade
  • Breach of Employment Contract
  • Settlement Agreements
  • Training

Locations

Sunshine Coast Office
Level 2, 20 Innovation Parkway,
Birtinya QLD 4575
Ph: 07 5413 4000
Gold Coast Office
Suite 602 Level 6 'The Rocket',
203 Robina Town Centre Drive,
Robina QLD 4226
Ph: 07 5593 1665
Toowoomba Office
Ph: 07 4548 0480

Navigation

  • Home
  • COVID-19
    • Key Issues
    • Useful Websites
    • COVID-19 Alert
  • About Us
    • Our Team
    • Our Community
    • Testimonials
    • Recruiting now
  • Our Services
  • Updates & Events
    • Events
  • Contact Us
    • Join Our Newsletter

Recent Posts

  • Modern Award Round Up for 2020 December 21, 2020
  • Are you up-to-date with JobKeeper 2.0? December 21, 2020
  • Changes to 97 Modern Awards – Casual and Overtime Provisions November 30, 2020
  • How to Navigate the ‘Silly Season’ – Tips for hosting a successful and low risk work Christmas Party November 17, 2020
Copyright © Aitken Legal 2020 | All Rights Reserved | Disclaimer | Privacy
Website by Digital Elements