Hot Issues
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ATO dispels top tax time myths to clients as clampdown rolls out
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Tools for budgeting, cash flow, Super and more ….
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Guidance for SMSFs on transfer balance reporting
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ATO issues alert on super, tax scams
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Salary sacrifice integrity
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Understanding the evolution of blockchain and cryptocurrencies
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Update to Australia's vital statistics
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Tax Time Checklists- Individual, Company, Trust, Partnership and Super Funds
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SMSFs - Our 'hardest' jobs
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Tax Office reveals adventurous, dubious claims ahead of tax time
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ATO reveals top tax time mistakes, set to contact 1 million taxpayers
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Watch out for charges with incoming GST laws.
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Super savings gap for women stuck at 30%
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‘Wipe the slate clean’: Clients, accountants urged to use new amnesty period
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Statistics for all Australians
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Touch Payroll (STP)
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‘Calm before the storm’: Government proposes 12-month SG amnesty
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Government intensifies cash payments crackdown - Kelly O'Dwyer
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Passive investment companies tax rate still 30%
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Cryptocurrency audits tipped to increase this EOFY
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Australia by numbers – Update
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$2.4m lost to tax scams, ACCC reports
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No GST on digital currency
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Federal Budget 2018 - Overview
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Your Budget
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4 components of our 2018 Federal Budget
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Resources to help understand and implement Single Touch Payroll (STP)
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New rules capture SMSFs trading big with cryptocurrency
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New passive income test for lower corporate tax rate
Article archive
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Quarter 2 April - June 2018
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Quarter 1 January - March 2018
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Quarter 4 October - December 2017
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Quarter 3 July - September 2017
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Quarter 2 April - June 2017
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Quarter 1 January - March 2017
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Quarter 4 October - December 2016
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Quarter 3 July - September 2016
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Quarter 2 April - June 2016
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Quarter 1 January - March 2016
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Quarter 4 October - December 2015
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Quarter 3 July - September 2015
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Quarter 2 April - June 2015
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Quarter 1 January - March 2015
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Quarter 4 October - December 2014
Quarter 2 of, 2015 archive
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Capital Gains Tax – which year?
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SMSFs may be missing out on allowable deductions
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Change to Early Access Rules
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Checklist for Employers Year-end
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Year-end Tax Planning – Trusts
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Year-end Tax Planning – Small Business
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Reminders and Tax Strategies for SMSFs pre-year end
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Year-end Tax Planning – Individuals
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Tips and traps for acquiring SMSF assets from related parties
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Overtime Payments May Eliminate Claims for Unfair Dismissal
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ACCC issues scam warning
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SME Dispute Resolution
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Land Tax – Victoria
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R&D incentives at risk
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ATO adds ‘hot issue’ to its SMSF target list
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Additional Super Contributions Not Appropriate for all
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Issues arising from an underpaid pension
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Salary and Superannuation after the death of an employee
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IPA calls for zero pc tax rate
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Budget 2015 - some professional opinions
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Australian Government - Budget 2015
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Looming end to SMSF Borrowings?
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ATO warns SMSFs on franking credits scheme
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Lump Sum Payments - Employer Reporting
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Small business tax cuts 'not enough', says IPA
Overtime Payments May Eliminate Claims for Unfair Dismissal

 

The Fair Work Commission (FWC) has ruled than an employee’s overtime payments ....

.... can be considered part of an employee’s annual earnings under the Fair Work Act 2009 (FW Act) where such overtime is determinable in advance.

       

Overtime payments that are determinable in advance are to be counted as part of an employee’s annual earnings when determining whether the employee falls above or below the high income threshold for unfair dismissal claim purposes.  

Employers may wish to consider formalising their overtime arrangements to provide clarity around whether the overtime payments are determinable in advance.

For employees to be able to bring an unfair dismissal claim under the FW Act, they must meet certain jurisdictional thresholds, including:-

  • The employee must either be covered by an award or an enterprise agreement (in which case no income cap applies); or
  • The employee must earn less than the high income threshold (currently $133,000 per annum).

This case was to determine whether employee earnings included regular and systematic overtime.

The Fairwork Commission and the Full Bench of the Commission agreed that the payments in this case were either anticipated or agreed in advance and whether they were guaranteed or not, was irrelevant.