Hot Issues
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Global outlook summary: Down but not out
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Bookkeepers remind on incoming TPRS obligations
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Golden Rules for Deductions
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How's Australia going - vital statistics?
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Tax, SMEs set to be ‘political football’ in 2019 as election nears
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Cap lifted on popular financing option for clients
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Expiry of 900,000 interest-only loans set for January
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Australian Taxation Office (ATO) Scam Alert: Fake Demands for Tax Payments
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Tax Office sounds alarm on popular property strategy
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Our Advent calendar for 2018
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‘Please do not panic’: ATO boss addresses STP concerns
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Stop!! Don't do a paper Budget, use our online budgeting tools instead.
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Employee Christmas Parties and Gifts – Any FBT?
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Behavioural Coaching and your financial plans
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FBT – Christmas Parties and Taxi Fares
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Information needed to be the BBQ expert.
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Tax consequences of trust vesting
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Fringe Benefits Tax (FBT): employees’ private use of vehicles
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ATO to contact clients over bank details
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ATO claws back $850m in unpaid SG in FY 17-18
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Appetite for property in SMSFs shows signs of life despite tough market
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Superannuation gender gap narrowing, research shows
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Identification numbers for directors
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How financial advice helps create wealth.
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Australia's vital statistics
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Unlocking equity crowdfunding in Australia
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$20m boost for SME clients looking to exporting
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Work-Related Expenses
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ATO updates crypto guidance
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ATO zones in on hundreds of newly created reserves
Article archive
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Quarter 4 October - December 2018
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Quarter 3 July - September 2018
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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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Year-end Tax Planning – Individuals
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Reminders and Tax Strategies for SMSFs pre-year end
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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.