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Hot Issues
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Be alert for phoenix activity, businesses told
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Equifax signs data agreement with ATO
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E-invoicing will reduce emissions, says PwC
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State and Federal Disaster support --- May 2022
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Largest cities in the world 1500 to 2100
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Last chance to claim the loss carry-back
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Changes to recovery loan scheme for small and medium enterprises
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About the cash flow forecasting template
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Federal budget 2022: Winners and Losers
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ATO puts 50,000 directors on notice.
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FBT Reminder – Odometer Reading
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Data matching program: government payments
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Budget: Big wins for SMEs
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Small businesses show sign of omicron rebound
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Federal Budget 2022 - Overview
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Federal Budget 2022 and YOU - Part 1
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Federal Budget 2022 and YOU - Part 2
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Budget at a Glance - Video
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Superannuation Guarantee (SG) increases
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Undisclosed income risks hefty asset betterment assessments
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How stress and burnout are different, and why the difference is important
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Accountants ‘have important role to play’ in digital transformation
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ATO launches campaign to target tax withholding on overseas royalties
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ATO releases new draft guidance products impacting private trusts
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GDP by country since 1800
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ATO releases new guidelines to combat identity theft.
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Extension in minimum drawdown rates
Article archive
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Quarter 1 January - March 2022
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Quarter 4 October - December 2021
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Quarter 3 July - September 2021
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Quarter 2 April - June 2021
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Quarter 1 January - March 2021
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Quarter 4 October - December 2020
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Quarter 4 October - December 2019
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Quarter 3 July - September 2019
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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 4 of, 2016 archive
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Big-ticket tax set for government review
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FBT – Christmas Parties and Taxi Fares
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Unclaimed Monies - Christmas Project?
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Employee Christmas Parties and Gifts – Any FBT?
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‘Beware the tax man’ eyeing holiday period activity
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Merry Christmas for 2016, a Happy New Year and a prosperous 2017.
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Research reveals key to ‘high-performing’ firms
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Late payments hitting SMEs hard
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Estate planning issues flagged with $1.6m pension transfer cap
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New fleet “safe harbour” approach for car fringe benefits
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Travel to a workplace: What’s in, what’s out
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Struggling Business Turnarounds
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SMSF practitioners told to urgently address TRIS issues
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$20,000 write off is only available for small business, right? Well…
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Do you need an Employment Agreement?
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What does the new withholding tax mean for your clients?
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Domestic (non-marital) Relationships
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Is there a problem with using your company’s assets for yourself?
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SMEs at risk of ‘falling foul’ of ATO
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Scams, fraudsters and viruses
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Got your car log book ready?
Do you need an Employment Agreement?

 

All employment relationships are subject to an agreement, whether they are written, verbal or a combination.

       

 

It’s not compulsory to have a written agreement and all employees (other than casuals) are protected by the National Employment Standards (NES) whether they’ve signed a contract or not.  There are benefits having a written contract, with the key advantages being certainty of rights, obligations and employment status, as well as the inclusion of terms that aren’t covered in the legislation or applicable industrial instrument.

Employers can’t contract out of the NES or to make employees worse off than their minimum legal entitlements.  They can customise the agreement to suit the business and to include important features, rights and obligations that are not covered in the legislation or implied from the common law.

Examples include:-

  • Restraint of Trade to protect your business goodwill from competition from former employees.
  • Incentive Scheme in addition to base remuneration.
  • Behaviour expectations and termination conditions.
  • Probationary Period for new employees
  • Use of Company Equipment (e.g. car, phone or lap top) and the conditions attaching to such use and Fringe Benefits Tax arrangements.
  • Confidentiality of sensitive information.

These provisions will not be implied unless they are clearly written into the contract.  

 

 

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