Hot Issues
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Federal Budget 2019 - Overview
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How the 2019 Federal Budget affects you
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FBT Reminder – Odometer Reading
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‘Big awareness push’ underway as STP deadline approaches
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GST collection on overseas goods at 300% of forecasts
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The problem with getting to 53 years of age.
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Lost Beneficiaries
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New quarterly STP reporting method for closely held payees revealed
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Some Australian figures to help on Budget night.
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Employers hit with rolling SG audits as ATO toughens stance
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Resources to help understand and implement Single Touch Payroll (STP)
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Big fines, prison on the cards as new SG penalties introduced
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Extra website resources and tools is one way we offer you and your family more.
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FBT Exemption for Various Work Vehicles
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Tax payable on expenditure recoupments
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ATO identifies SMSF contravention red flags
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Who wins dispute about taxable income?
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Australia - facts & figures March 2019
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Strategies to handle scam phone calls and problem e-mails.
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Instant asset write-off threshold upped to $25k
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Jail time for GST fraud
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Correcting GST Errors
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Fuel tax credit rates raised
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ATO set to contact clients for overdue TPAR
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Reminder on Victoria Property Duties
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How Australia is performing.
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Global outlook summary: Down but not out
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Bookkeepers remind on incoming TPRS obligations
Article archive
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Quarter 1 January - March 2019
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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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SMSFs may be missing out on allowable deductions
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Change to Early Access Rules
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Capital Gains Tax – which year?
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Checklist for Employers Year-end
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Year-end Tax Planning – Small Business
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Year-end Tax Planning – Trusts
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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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Overtime Payments May Eliminate Claims for Unfair Dismissal
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Tips and traps for acquiring SMSF assets from related parties
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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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Australian Government - Budget 2015
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Budget 2015 - some professional opinions
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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.