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BAS & Business - below are various news snippets which we thought may be of relevance to you - sources are appropriately acknowledged :

 

 

 

 

 

 
       

IPA - PROFESSIONAL ASSIST

To further assist you in running your business in a professional manner, did you know that as a continuing, full member of the Institute of Public Accountants (IPA), BAS & Business is able to utilise the services of "Professional Assist" to help you with your specific, indlvidual queries - Professional Assist is a technical advice service offered exclusively to IPA members for those one-off, "curly" issues.

When you have queries relating to accounting generally, governance, super, corporations law or workplace law which are non-routine, we can refer these to "Professional Assist" and utilise their expert services to obtain a definitive response for your individual situation at no additional cost to you. We will be provided with a response in writing within a few working days on which you can act/implement in full confidence - and the response is fully covered by Professional Indemnity insurance - the Professional Assist information is attached in a pdf file.

 
           
       

AUSTRALIAN PAYROLL ASSOCIATION - SUPERANNUATION AND ORDINARY TIME EARNINGS (OTE)

Tracy Angwin - Sunday, April 06, 2014

Employers often ask us whether they need to pay superannuation on payments on certain allowances or payments. Under SGR 2009/2, superannuation is payable on ordinary time earnings.  Therefore for each payment you will need to determine whether it is ordinary time earnings or not.  Generally ordinary time earnings relate to the normal hours that an employee works.  

Let’s take an on-call allowance as an example.  If the on-call allowance relates to an employees ordinary hours, then superannuation will be payable.  However if the on-call allowance is paid in respect to overtime hours, then superannuation is not payable.

The same concept applies to bonuses.  Unless the payment relates specifically to overtime, or there are certain identifiable restrictions such as sign up bonuses, superannuation is required to be paid. 

Other examples of where superannuation is payable are piece rates, casual shift loading, workers compensation payments where the employee has returned to work, annual leave, sick leave and long service leave, any in lieu of notice payments in a termination calculation, performance bonus and Christmas bonus.

Examples of where superannuation is not required to be paid include casual overtime, workers compensation payments when the employee is not working, parental, jury or defence force leave, unused annual, sick or long service leave on termination or any bonus in relation to overtime.

As always, if you have any questions regarding this, please contact the APA team on 02 9818 1931.

See more at: http://www.austpayroll.com.au/tracy_blog/superannuation-and-ordinary-time-earnings#sthash.LR9gk25R.dpuf
 
           
       

DATA SECURITY

This article has been extracted from "Public Accountant" - April/May 2014 - IT Bushfire - this article retells a real-life situation for one unfortunate business - we all know that we should backup regularly (and backup the backups of the backup), but this is what can happen - not a physical IT Bushfire, but still very damaging and costly!

 
           
       

SMALL BUSINESS CONCERNS ABOUT COMPETITION LAW

This article has been extracted from "Public Accountant" - April/May 2014 - Equal in the Race - this article is in relation to the 2014 competition reivew which is looking to redress how SMEs suffer at the hands of big business - refer to pdf article

 
           
       

MYOB - WHO RUNS THE ORGANISATION?

This article has been extracted from "Public Accountant" - April/May 2014 - The article looks at the leaders of Reckon, Xero and MYOB software - the information relating to Tim Reed, MYOB is included here in pdf form

 
           
       

CAPITAL GAINS TAX

This article has been extracted from "Public Accountant" - April/May 2014 - Connected entities: a double-edged sword - the article looks at the continuing need to maintain records for all transactions that may involve capital gains tax - refer to pdf article

 
           
       

COURT FINDS WARNINGS NOT ADEQUATE PROTECTION AGAINST UNFAIR DISMISSAL

[ 23-Feb-2014 ]

(source Human Capital)

BlueScope Steel dismissed an employee of 35 years for ‘operational negligence’ due to an incident in May 2013 involving failure to respond to a scrap metal jam on a conveyor belt he was monitoring.

In Peco Sirijovski v BlueScope Steel, the employee, Peco Sirijovski, had previously received written warning for entering a ‘safety exclusion zone’ around a rail line while operations were in process, which was in breach of company policy. The warning was drafted ‘very broadly’, according to lawyer Ben Keenan of Holding Redlich.

As a stand-alone incident, the scrap metal jam would not be deemed serious enough to justify termination; the termination was reliant on the fact the previous warning had been issued.

However, the Fair Work Commission (FWC) deemed the termination harsh, unjust and unreasonable, in part due to the fact the two events were not explicitly linked.

This was compounded by the fact the letter of termination implicated Sirijovski as having deliberately ignored the jam, and he was not given a chance to respond to the allegation.
“It is not fair or practical to give someone a warning, or put them on notice in relation to aspects of their future performance, if they have not contravened any of those aspects in the past. It is as if they are being warned for a breach that they have not committed,” The FWC noted. “Any warning must be appropriately and deliberately particularised. The final warning should have applied to the issue of Occupational Health and Safety and Critical Safety Procedures only.”

Key HR takeaways
Essentially, the ruling against BlueScope highlights the need for HR to draft written warnings and termination notices with precision. Keenan stated that employers should ensure:

  • Written warnings are confided to the nature of the alleged unsatisfactory performance or conduct.
  • Allegations of unsatisfactory performance or conduct are put to an employee in detail and the employee has an opportunity to respond before a decision is made about appropriate disciplinary action.
  • Letters of termination are precise on what the grounds for termination are.
- See more at: http://www.austpayroll.com.au/announcements/court-finds-warnings-not-adequate-protection-against-unfair-dismissal#sthash.rOevyMPp.dpuf
 
           
           
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BAS & Business is the registered business name of Raeflet Pty Ltd, ABN 55 147 830 251
 
Image provided by Gregory Szarkiewicz which may be viewed at http://www.freedigitalphotos.net/images/view_photog.php?photogid=252