We are just days from Christmas now, and before we sign off for the year, there’s just a few more things to cover. It’s the season for holidays, and as a business owner, you’ll need to know how to be compliant.
New Fair Work Information Statement
Firstly, there has been updates made to the Fair Work Information Sheet. Do you give all new employees a copy of the Fair Work Information sheet? Moving forward, make sure you’re giving out the correct copy, as well as a copy of the award relevant to the new staff member’s position. You need to do this as soon as possible after hiring your new employee and it can be given in person, or sent via mail, email (including a link to the website) or fax.
You can download the Fair Work Information Statement here.
Holiday Season Compliance
Public Holidays
Remember that Public Holiday entitlements differ from annual leave. You can’t deduct holiday pay from an employee’s annual leave balance. It’s also important to note that you cannot change an employee’s rostered days off just so they miss out on their public holiday leave entitlements. While staff are legally allowed to take sick leave right before or after a public holiday, you’re permitted to ask for the appropriate evidence to substantiate the leave.
For a full list of public holidays in NSW, see the Fair Work Australia website.
Annual Leave
Employees can take leave for a multitude of reasons and will often do so over the Christmas period.
You can find information regarding minimum leave entitlements for employees from the National Employment Standards (NES). An award, registered agreement or contract of employment can provide for other leave entitlements, but they can’t be less than what is contained in the NES.
Sometimes, staff assume they will receive annual leave loading without actually checking the rules. Not every business has to pay this loading. Are you aware of the requirements for your business? It will be dependent on the applicable award or enterprise agreement. Check where your business stands here.
If you have any enquiries regarding your business and its holiday season compliance, please feel free to phone our friendly team at Acumon on 4931100.