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Fair Work Ombudsman – Changes to casual employment laws

By 27 September 2021, employers (other than small business employers) need to assess whether any existing casual employees (employed before 27 March 2021), are eligible to be offered to convert to permanent employment.

Employers need to:

  • make a written offer to convert their casual employees to permanent employment (this must be done within 21 days after making the assessment), or
  • write to employees explaining why they won’t be made an offer (this needs to be done within 21 days of making the assessment but by no later than 27 September 2021).

To accept an offer to convert, employees need to respond in writing within 21 days after getting the offer. If they don’t respond, employers can assume that they’ve declined the offer.

Read more about casual employees becoming permanent.

Watch our video about the changes to casual employment laws, including how small business employers are affected and the Casual Employment Information Statement.

 

Draft Standard Open for Public Comment : DR AS 5350.1:2021 Privately contracted security and detection dogs, Part 1

A draft standard is open for commenting on Standards Australia public comments system.

Standard: DR AS 5350.1:2021 Privately contracted security and detection dogs, Part 1: Acquisition, welfare, training, deployment and retirement

Comment Start Date: 09/08/2021
Comment End Date: 11/10/2021

You can view the draft with latest comments and provide your feedback here: https://comment.standards.org.au/Drafts/bda29187-30c3-4374-9379-dac2d38078d9

ATO Taxable payments annual report (TPAR) for security businesses using contractors or sub contracting due by 28 August 2021

As the 28 August due date for the Taxable payments annual report (TPAR) approaches, it’s important to work out if you need to lodge a TPAR this year to report payments your businesses made to contractors in 2020–21.

If you have an Australian business number (ABN) and made payments to contractors or subcontractors for security, investigation or surveillance services provided on your behalf, you will need to lodge a TPAR. Examples of security, investigation or surveillance services can include locksmithing, alarm monitoring and response, crowd control, night watch, and security guard services.

If security, investigation or surveillance services are only part of what your business does, you may still need to lodge a TPAR. You need to work out whether the percentage of your business income from security, investigation or surveillance services is 10% or more of your gross business income. If yes, you must lodge a TPAR. It’s important to check your circumstances each year.

The ATO uses the information provided in your TPAR to help sole traders complete their income tax returns so it’s important to lodge by 28 August. It’s easy to lodge online, or through your registered tax or BAS agent. You should already have the records you need from preparing your activity statements. If you have worked out you don’t need to lodge a TPAR, you can lodge a Non-lodgement advice to let the ATO know to update their records and avoid unnecessary follow-up.

The ATO has information to help you work out if you need to lodge a TPAR, with examples of security, investigation or surveillance services if you are unsure. Their website explains what information you need to include, and how to lodge. Go to www.ato.gov.au/TPAR

Super Guarantee Percentage Increase from 1 July 2021

The super guarantee percentage will increase to 10%  from 1 July 2021 – 30 June 2022.

For infomation on all future increases  - ATO super guarantee percentage increase table

Annual Wage Review 2021

Following the Annual Wage Review 2021, the Fair Work Commission has announced a 2.5% increase to minimum wages. This will apply to all Security industry Awards from the start of the first full pay period on or after 1 July 2021.

SPAAL will provide members with the new Award Pay Guides once published by the Fair Work Ombudsman.

Annual Wage Review 2021

The pay guides have the current minimum pay rates for full-time, part-time and casual employees in an award that apply from 1 July 2021. They also include all the monetary allowances and the most frequently used penalty rates for each classification.

Security Services Industry Award [MA000016] Pay Guide 

Transport (Cash in Transit) Award [MA000042] Pay Guide

Electrical, Electronic and Communications Contracting Award [MA000025] Pay Guide 

Open for Public Comment – Draft Standard: AS 2201.2 Intruder alarm systems – Monitoring centres

A draft standard is open for commenting on Standards Australia public comments system.

Standard: AS 2201.2 Intruder alarm systems - Monitoring centres

Comment Start Date: 08/06/2021
Comment End Date: 10/08/2021

You can view the draft with latest comments and provide your feedback here: https://comment.standards.org.au/Drafts/29d73e94-d280-4f31-8181-c0fef05275b8

Fair Work Ombudsman – Security services company in court

The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against the operators of a security services company in Perth.

Facing court are Statewide Security (WA) Pty Ltd, which is based in Clarkson, Western Australia, and the company’s sole director, Richard Clayton.

The regulator investigated after receiving requests for assistance from three workers who had been employed by Statewide Security (WA) Pty Ltd as security guards.

Read More

New Company Director Registration

Current and future company directors in Australia will soon be legally required to apply for a unique director identification number (DIN).  The DIN provision is part of the Treasury Laws Amendment (Registries Modernisation and Other Measures) legislation that was passed in federal parliament in June 2020.

According to the latest statistics compiled by Australia’s corporate regulator (the Australian Securities and Investments Commission), there are more than 2.8 million registered companies in Australia.

Details of the DIN scheme are being progressively released by the Treasury.

The intended purposes of director identification numbers

The aims of the DIN scheme are to:

  1. prevent fictitious company directors from being appointed.
  2. enable company director profiles (including director relationships to companies) to be traced over time. For example, any previous involvement with companies that are now insolvent
  3. reduce illegal phoenix activities. This is where a new company is created to continue the business trading of a company that has been liquidated to evade debts to creditors, staff or the Australian Taxation Office (ATO).

Directors will need their DIN to interact with any government agencies once the scheme is up and running.

Information that directors will need to supply to get a DIN

Company directors will need to supply the following information to the Commonwealth Registrar to get a DIN:

  • current name (including proof of identity via an Australian driver’s licence, passport, Medicare card, birth certificate or visa).
  • any former name/s (if applicable).
  • date and place of birth.
  • current and former addresses.
  • current contact details.
  • tax file number (TFN). It’s not compulsory for directors to provide their TFNs, but the Commonwealth Registrar has the power to request TFNs from the ATO under the provisions of the DIN scheme.  The Registrar also has the power to link and verify any information provided by directors to their respective ATO records.

Only one DIN will be made available to a director, even if a person is a director of multiple companies. This will facilitate director traceability under the DIN scheme.

Penalties for providing misleading DIN information or not having a DIN

The Treasury Laws Amendment (Registries Modernisation and Other Measures) legislation provides for both civil and/or criminal penalties for providing misleading information when applying for a DIN, or not registering for a DIN at all.

For more information https://www.ato.gov.au/General/Gen/Modernising-Business-Registers/

New Australian Standards for Security in Healthcare Facilities

The new Australian Standards for security in healthcare facilities have been published, providing guidance for the development and implementation of effective security systems for healthcare facilities.

AS 4485.1:2021 Security for healthcare facilities, Part 1: General requirements, and

AS 4485.2:2021 Security for healthcare facilities, Part 2: Procedures guide

The Standards are designed to set out the policy, principles, and common procedures necessary to establish and maintain an effective security service for healthcare facilities. There are guidelines for both General Requirements and Procedures.

Standards are available to purchase from the Standards Australia Store

Fair Work Ombudsman – changes to workplace rights and obligations for casual employees

On Friday 26 March 2021, the Fair Work Act 2009 (FW Act) was amended to change workplace rights and obligations for casual employees. The changes were made by the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Amendment Act).

These changes came into effect on Saturday 27 March 2021.

The Amendment Act introduces a:

More Information on all changes