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Many clients turn to their accountants for employment advice, what contracts do I need, what rates should I pay, are they a contractor or an employee, how do I terminate an employee?


Key Performance Indicators - Paul Bunting

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Business Structure - Leah Smallman

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Employer Obligations

Within the HR domain the Fair Work Act governs the obligations of employers and body corporates. The Office of the Fair Work Ombudsman has recently published the Fair Work Handbook which provides an employer's guides to the Fair Work Act. You can view the handbook here:  

This handbook details the obligations to comply with the National Employment Standards, relevant  Industrial instruments, Employing staff, ending employment and general workplace protections. The Fair Work Ombudsman is responsible for ensuring compliance with national laws and conduct audits and investigate complaints. Cases and claims which are dealt with by  the Fair Work Commission may result in reinstatement or payment of compensation. Cases which are heard by the Federal court may incur additional penalties, compensation or reinstatement.

The Occupational Health & Safety Act 2004, details the liability of an officer of the body corporate. Where a body corporate has been found to contravene a provision of the OHS Act 2004 or the regulations, an officer of the body corporate may also be liable. Officers may be found guilty whether or not the body corporate has been convicted or found guilty of the offence. Penalties in the act are expressed a penalty units, this enable a value to be put on each unit which reflects CPI increases. Under this scheme the current maximum monetary penalty is $253,512 for a natural person and $1,267,560 for a body corporate. Some offences under the act also can result in custodial sentences of a maximum 5 years imprisonment. Full details can be obtained from the act.

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Level 2, 108 Power Street,
Hawthorn, VIC 3122
PO Box 325, Hawthorn, VIC 3122
T: +61 3 9819 4011
F: +61 3 9819 6780

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