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Tips for HR Compliance In 2011/12

Don’t fall prey to the penalties of non-compliance – take the time now to ensure your employer obligations are in order:

 1. Directors’ Personal Liability on Super

As of 1 July 2011, the director penalty regime will be extended to include the superannuation guarantee. Directors will be held personally liable for their companies’ failure to pay employee superannuation.

2. Paid Parental Scheme Administration

The Government-funded Paid Parental scheme was brought in at the start of the year. As of 1 July however, all businesses will be responsible for administering the scheme. If you haven’t yet registered your business with the Family Assistance Office, then make sure you do so now.

3. Annual Leave Loading on Termination

A new approach being endorsed by the Fair Work Ombudsman requires annual leave loading on accrued annual leave balances to be paid out when employment ends – even if a Modern Award does not require leave loading to be paid on termination.  With this advice, it’s vital that you understand which Modern Award or Awards apply to your employees.

4. Fair Work Inspections

The Fair Work Ombudsman’s office makes no secret of its continuous education program and on-site inspections. However a visit from a Fair Work Inspector is rarely good news for any business. With the major focus on full compliance with the National Employment Standards (NES) and any Modern Awards, undertaking a Workplace Audit of your employment relations compliance will help minimise your business risk and provide a checklist to remedy any non-compliance.

5. Pro-active Compliance

With breaches of the Fair Work Act 2009 attracting penalties of up to $33,000 per breach, it’s important to consider how such penalties could challenge your commercial viability. In the same way that you turn to your accountant rather than the Australian Tax Office for help with business advice and tax minimisation strategies, you need to turn to an expert service like Workforce Guardian for help with HR and employment relations issues – and not go alone with the Fair Work Ombudsman.


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