Q: Do we need to pay annual leave loading when an employee resigns or is terminated?
Yes, if you have been paying your employee leave loading throughout employment, you will have to pay it on termination, including when an employee resigns. If the employee’s loading is being offset as part of an above award payment which is clearly documented, it does not need to be paid on termination. If this is the case, they should not be paid the loading while normally taking annual leave either.
Q: Do we have to pay Superannuation on outstanding leave entitlements or lump sum payments on termination?
Not necessarily, any lump sum leave entitlement payment made on termination does not attract Superannuation payments; this includes outstanding annual leave and long service leave. Redundancy pay that forms part of the termination also does not attract Superannuation.
Having said that, it is important to remember that where you pay your employee in lieu of notice, this lump sum payment does attract Superannuation.
Q: Do my employees get bereavement leave?
Bereavement leave is now referred to as compassionate leave. It is an entitlement set out in the National Employment Standards to allow employees to take time off to cope with the death of an immediate family member or a family member who contracts or develops a life threatening illness or injury. Employees are entitled to take 2 paid days per occasion.
For a list of who is classified as “immediate family” please click here.
Q: Do I need to pay my employees while they are completing Jury Duty?
Yes, both the Clerks and VMRS&R Awards simply refer to the National Employment Standard on Community Service leave which states the employer only has to pay wages in excess of the total jury payment received by the employee by the Courts. If you do pay your employee while they are on jury service, you can claim their actual pay up to $135 for each day they attend. The employee will still receive the base rate payment of $20 for each day they attend and it will be up to you if you wish to recover that from your employee.
You are only required to pay the employee for 10 days of service.
Q: Is it a legal requirement for my company to have evacuation plans/diagrams?
Yes, under the Australian Standard AS3745-2010 (Planning for emergencies in facilities), all business need to provide emergency plans and procedures for the effective and efficient management of emergencies in facilities. Regardless of the size and complexity of a facility, continual effort is needed to ensure that the arrangements are effective in an emergency. There is also a requirement under the WHS Act 2012 to maintain a safe workplace and an obligation to the duty of care to all workers, including contractors, visitors and volunteers.
Please contact the MTA WR department on 8291 2000 for help developing a plan and/or for the creation of evacuation diagrams. The WR Department are able to produce evacuation diagrams for members at a highly discounted rate of $99 for small sites and $199 for large sites.
Q: If I am paying my employees above the award, do I have to implement the 3.5% increase?
No, if you are paying above award and it is enough to cover any changes to the award rates, there is no reason to increase your employee wages. The only differing factor would be where a wage increase has been promised to employees in their contract or similar.If you need assistance with any of the above, please contact the workplace relations team by clicking here or by calling us on 8291 2000.