The Miscellaneous Award recently incurred a temporary schedule amendment due to the Covid 19 pandemic. The schedule provides employees with two weeks unpaid pandemic leave and the ability to take twice as much accrued leave at half pay.
As most Australian states are discussing stage 3 lockdowns, we understand these are quite concerning, if not terrifying realities to our communities. Each state and territory managing their individual regions, please refer to the latest public health orders to your area. At this stage, the NSW and Victorian governments have released what this would look like and those who need to travel to care for children are still classified as essential services. Please see the links below and the advice your region.
Information being delivered from Federal Government to assist small and medium business in maintaining their staff during the Covid-19 health crisis is evolving quickly. We have been watching these announcements closely to keep you, as employers, as up to date as possible with additional funding you may be able to access in order to maintain your nannies employment. As communicated last week, a temporary cash flow supplement will be released automatically to businesses whose withhold tax activity remains active until September 2020. This supplement will automatically be applied as a credit on your activity statements until September 2020. See the link below.
This is an extremely difficult time for all employers and employees. Nannies and au pairs are (except for WA) covered by the Miscellaneous Award and are entitled to all the associated benefits around leave and termination.
The Fair Work Ombudsman has a very comprehensive list of alternate scenarios that may be occurring due to the health crisis created by COVID-19.
Please refer to their website https://coronavirus.fairwork.gov.au/
Over the last week, we have been, like you are, keeping a keen eye on the advice being handed down by government agencies, especially in relation to childcare, school closures and healthcare.
There is no denying it, these are uncertain times and official advice is changing rapidly regarding our way of life. As it stands, all businesses are preparing to adhere to the new shut down regulations except for essential services. We have been receiving a number of questions pertaining to nanny services being considered essential.
We have been receiving a number of enquiries relating to the ‘what ifs’ around employer/ employee relations with the current health discussions pertaining to the Coronavirus. We do understand that everyone has their own opinions and this advice is of a general nature.
Most work places have begun restricting staff can and cannot do to control the impact the virus could have to ongoing business and the health of staff. We understand that some companies have stopped interstate and international business travel as well as cancelling conferences and other face to face meetings. In the majority of these cases, business can be conducted remotely and the need for face to face contact can be avoided.
From July 1, Single Touch Payroll (STP) starts for employers with less than 20 employees. STP is a new way of reporting tax and super information to the ATO. This will be done each time you run a payroll, the details of the payslip will be sent to the ATO electronically.
The majority of families with a nanny will be exempt until July 2021.
The Fair Work Ombudsman recently ruled that nannies and au pairs may now be covered by the Miscellaneous Award 2010
Read the full statement issued – Nannies & au pairs – employment status & award coverage
The Federal Court of Australia on 16 August 2018, ruling has granted a terminated casual worker annual leave entitlements.
The Court found a truck driver employed under a labour hire arrangement as a casual, was not a casual under employment law, because of his regular and continuous pattern of work over the 2.5 years of employment and as such should have been entitled to annual leave entitlements.
Further information can be found AMMA website
The Fair Work Commission has lifted the wage by 3.5 per cent, which will increase the hourly rate to $18.93 for more than 2 million people.
Source: Sydney Morning Herald Fair Work umpire rules minimum wage to rise by $24.30 a week 1st June 2018