Fine issued to an employer for underpaying backpackers

Source: ABC News
Date: 12 July 2016

A Queensland restaurant operator who claimed a worker ate too much food and used too much air conditioning has been fined $21,000 after refusing to reimburse the underpaid staffer.

The owners of Fire and Stone restaurant at Tangalooma Island Resort on Moreton Island illegally paid a Chinese backpacker $10 an hour in 2014.

At the time the worker was aged in her 20s, spoke limited English and was in Australia on a working holiday visa.

She contacted the Fair Work Ombudsman which found she was underpaid $1,577 in just 19 days, having received less than half the legal rate of pay for a casual hospitality worker.

Continue reading Fine issued to an employer for underpaying backpackers

ATO Newsletter – Employee or contractor myths – written agreements

Source:  ATO Website
Date: 11 July 2016

Stating in a written agreement that your worker is a contractor doesn’t mean they are, nor does it protect you from potential penalties for getting it wrong. This is a myth.

The fact is, if your worker is legally an employee, having a written agreement will not:

  • override the employment relationship or make the worker a contractor, or
  • remove your tax and super obligations.

Continue reading ATO Newsletter – Employee or contractor myths – written agreements

Get set for a 2.4% wage increase

The Fair Work Commission has announced a 2.4% increase to minimum wages. The increase will apply from the first full pay period starting on or after 1 July 2016.

The new national minimum wage will be $17.70 per hour for a permanent employee  21 year and over and $22.13 for a casual employee. This applies to all domestic staff employed through a WPN or ABN everywhere but WA.

In WA, as at 1st July 2015 ( no increase has been released yet) its $17.89 for a permanent and $21.47 casual employee.

 

 

 

What is a genuine independent contractor?

Whether a nanny is a contractor or employee can be complicated, and ultimately only a court can determine if someone is a contractor or employee.  Both the ATO ( Australian Taxation Office) and the  FWO ( Fair Work Ombudsman) FWO website has some general information on the differences between independent contractors and employees , including factors that should be weighed up to consider whether someone is an employee or independent contractor.

Continue reading What is a genuine independent contractor?

Get set for a 2.5% wage increase

The Fair Work Commission has announced a 2.5% increase to minimum wages. The increase will apply from the first full pay period starting on or after 1 July 2015.

The new national minimum wage will be $656.90 per week or $17.29 per hour for an employee over 21. The national minimum wage applies to employees who aren’t covered by an award or agreement.

For workers under 21, the hourly rates are as follows:

Under 16 years of age                 $6.36
At 16 years of age                          $8.18
At 1 7 years of age                         $9.99
At 18 years of age                       $11.81
At 19 years of age                       $14.26
At 20 years of age                       $16.89

Superannuation for your nanny & au pairs

Superannuation, retirement and pensions are big news at the moment, with a number of changes to legislation to super about to take place.

The main change to super is the increase in compulsory superannuation. The rate of superannuation for your nanny and au pair is currently 9.5% on gross wages. The next super increase is 10% to take place July 1, 2021.

Super is due each quarter over the following periods into your nannies nominated fund:

  • January to March due April 28th
  • April to June due July 28th
  • July to September due October 28th
  • October to December due January 28th

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How much to pay your nanny per hour

Like all employees the hourly cost of a nanny  is driven by market forces  that is, what rate the nannies can demand based on the amount of work v’s the number of nannies available. So the pay hour rate of a nanny can vary considerably based on a nanny working in Sydney’s north shore compared to a job based in Newcastle. Other factors to consider when determining a rate, is the level of experience, the number of children, level of responsibility (such as newborns, allergies, special needs) and live in or out.

The best way to determine your market rate is to ring and discuss rates with your local nanny placement agencies.

Legal requirements to keep in mind are as follows:

Continue reading How much to pay your nanny per hour

Nanny | contractor or employee?

So you have recently hired a nanny who says they have an ABN number, allowing you to skip the whole annoying expensive time consuming matter of becoming an employer and paying them as a contractor.

Be aware that in the long term, it may not be so simple.

The distinction between who is a contractor and who is an employee can be a very grey area, it is important to clarify what status your nanny is as different legal and tax obligations apply. And it’s your obligation as an employer to ensure the correct amount of PAYG tax, super and workers compensation is being applied.

Continue reading Nanny | contractor or employee?