1 July 2019

From 1 July 2019: 

• National Minimum Wage will increase by 3% to $740.80 per 38 hour week (or $19.49 per hour) from $719.20 per 38 hour week (or $18.93 per hour).

The national minimum wage applies to employees who aren’t covered by an award or agreement.

• Pay rates in modern awards will increase by 3%. These increases will take effect in all awards from the first full pay period on or after 1 July 2019.

The increase in pay rate applies to employees whose employment is covered by a modern award and whose minimum pay rates are governed by that award.  Employers who pay award rates must check the relevant award to ensure that they are paying their employees according to the award. 

If you’re not sure which award applies to you, check the List of awards on the Fair Work Australia website

• The “high income threshold” in unfair dismissal cases will increase to $148,700.

Employees who earn more than the high income threshold and who are not covered by a modern award or enterprise agreement are not able to access the unfair dismissal provisions in the Fair Work Act.

In calculating whether an employee’s earnings are above the high income thresholds, the following must be included:

• Wages
• Money that is paid on their behalf (e.g. superannuation top ups or salary sacrifice)
• The agreed value of non-monetary benefits (e.g. laptop or mobile phone)

• Compensation limit for unfair dismissal claims will increase to $74,350.
• The filing fee for dismissals, general protections and anti-bullying applications made under the Fair Work Act will increase to $73.20.

What employers should do

If you pay award wages to your employees, check the applicable awards and update rates of pay accordingly. 

1 August 2018

From 1 August 2018, modern awards will be varied to give employees access to 5 days of unpaid family and domestic violence leave each year.

Definitions

The clause detailing the entitlement to Family and Domestic Violence leave defines family and domestic violence as “violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful”.

 Family members are defined as:

• a spouse, de facto partner child, parent, grandparent, grandchild or sibling of the employee; or
• a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee; or
• a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

The definition includes a former spouse or a former de facto partner.

Eligibility

This entitlement applies to all employees (including casuals) who are covered by an industry or occupation based award.

Entitlement

Employees are entitled to 5 days’ unpaid leave to deal with family and domestic violence.  The leave is available:

• in full at the start of each 12 month period
• does not accumulate from year to year.
• Available in full to part-time and casual employees (not pro-rated)

An employee can take less than a whole day’s leave by agreement with the employer.

The employer and employee may agree that the employee may take more than 5 days’unpaid leave to deal with family and domestic violence.

Purpose of Leave

The leave can be taken by employees to deal with the impact of family and domestic violence. This includes (but isn’t limited to) taking time to:

• make arrangements for their safety, or the safety of a family member
• attend court hearings
• access police services.

Notice requirements

The notice requirements are similar to personal leave requests

What employers should do

• Educate your employees on the family and domestic violence and the impact it has on personal lives and in the workplace.
• Communicate this new leave entitlement to employees, to ensure they are aware of it. Given the sensitivity around this issue, employers must be careful in the way that they communicate information to their employees
• Develop processes to manage the way in which this entitlement will be granted. In doing this care must be taken to ensure that the process will maintain confidentiality and the employee’s privacy will be protected.
• Where appropriate, encourage employees to make use of your Employee Assistance Program and other assistance that may be available e.g. www.1800respect.org.au

More Information

You can find more information about domestic and family violence leave and who it applies to at fairwork.gov.au

31 March 2017

The Australian Catholic Council for Employment Relations (ACCER) seeks the following orders by the Fair Work Commission (FWC):

• The National Minimum Wage (NMW) be set at $710.00 per week and $18.70 per hour.
• Award rates of pay be increased by $30.70 per week.
• No award rate shall be less than the NMW

The claim in respect of the NMW is for an increase of $37.30 per week.

The claims are made in a proceeding which requires that the FWC establish and maintain a safety net of fair minimum wages that takes into account, among other matters, relative living standards and the needs of the low paid.

The claims take into account:

• the needs and relative living standards of workers who depend on the safety net rates set by the NMW and awards;
• the insufficiency of the NMW and low-paid award rates to provide workers and their dependents with a minimum acceptable standard of living in contemporary Australia;
• the fact that the Schoolkids Bonus has been withdrawn from Australian working families and the need for minimum wage rates to start to take into account that loss;
• the fact that many low paid workers and their families are living in poverty
• the safety net minimum rates of pay up to, at least, the C10 rate are insufficient to provide, in the ordinary and expected circumstances, a minimum acceptable standard of living and one that is above poverty levels;
• increases in cost of living, productivity and community-wide wages since the handing down of the Annual Wage Review 2012-13 in June 2015; and
• the social and economic impacts of the claimed increase.

Read the full submission   pdf ACCER submission to Annual Wage Review 29 March 2017 (3.11 MB)

1 January 2017

The Fair Work Commission has varied Time Off in Lieu (TOIL) provisions in the Social, Community, Home Care and Disability Services Award and the Clerks Private Sector award.  These changes came into effect from 14 December 2016.

In summary, the changes that will apply to the Time Off im Lieu (TOIL) provisions are as follows:
Where Time off in Lieu of overtime is to be taken instead of overtime pay, it must be by written agreement between the employee and the employer

• Time off in Lieu is taken on a time for time basis
• Time off in Lieu is to be taken within 3 months of the overtime being worked and at an agreed time within that period.
• If Time of in Lieu is not taken within 3 months, then employer must pay employee the overtime for any remaining hours that have not been taken off
• An employee may request to be paid overtime for hours not taken off at any time during the 3 month period.